Q 35-26 Compare the Swiss Bundesgericht case (C 35-14) with the case of the German Bundesgerichtshof, 8 March 1995, CISG-online 144 (detailed excerpt C 35-5). There, the court stated:

Boomsma, and USDA Inspector Scott Elliott, that the ribs delivered by Brookfield were processed and stored in acceptable conditions and temperatures from the time they were processed until they were transferred to Northam on April 24, 2001. Mr. Moughler, Brookfield’s Director of Quality Assurance, testified that the ribs were appropriately processed and maintained in acceptable temperatures while at Brookfield; and no other meat products that were processed and stored at the same time and under the same conditions as the ribs were found to be spoiled or objectionable. Furthermore, Inspector Elliott, who was assigned to the Brookfield facility from October 2000 through July 2001, testified that, during the relevant time period, he did not notice any “bad meat.” Finally, Mr. Boomsma, President of Dutch Farms, which owns B & B, testified that, based on a review of the temperature records of B & B, “we did what we were supposed to do” from the time the ribs were received by B & B and picked up by Brown Brother’s. Northam attempts to discredit the testimony of Mr. Moughler and Mr. Boomsma by pointing out deficiencies in the record keeping of Brookfield and B & B during the relevant time period. But, even if the records are incomplete, there is nothing in the evidence demonstrating that Brookfield, B & B or Fulton did anything improper with respect to the ribs or that the ribs were spoiled prior to being transferred to Northam. Northam argues that Chicago Prime has “utterly failed to establish that the ribs were damaged while at Beacon.” That argument ignores the fact that Northam carries the burden of proving that the ribs were non-conforming at the time of receipt. Notwithstanding Dr. Maltby’s testimony, Northam has failed to carry its burden of demonstrating that the ribs that are the subject of this lawsuit were spoiled at the time Brown Brother’s took possession of them on April 24, 2001. In addition, even if the ribs were spoiled at the time of transfer, Northam has failed to prove that it examined the ribs, or caused them to be examined, within as short a period as is practicable under the circumstances, or that it rejected or revoked its acceptance of the ribs within a reasonable time after it discovered or should have discovered the alleged non-conformity. [. . .]

Question

Q 35-27 How could the buyer have proven the non-conformity in this case (C 35-15)?