A is a passionate guitar player. He had his own company established in Germany, specialized in importing guitars and reselling them. B is a company in the USA manufacturing guitars. They enter into a sales agreement according to which B delivers 100 guitars for 100 Euro each (10‘000 Euro in total). Due to negligence of B, the wooden body of 25 guitars was cracked. The guitars arrived at the buyer’s destination on the agreed date, but A forgot about the delivery as he was spending three days at the coast. When he got back from his holiday, he fell ill and was forced to stay in his bed. After his recovery some days later, he checked the delivered guitars and discovered that the wooden body of 25 guitars was cracked. He then informed the seller about the cracks but the seller laughed at him and told him that his notice about the cracks was too late. The seller urged the buyer to pay him the 10‘000 Euro. The buyer could sell the cracked guitars for 60 Euro each, the other guitars could be sold for 120 Euro each.

Answer the following questions and give reasons for your answers:
1. Is CISG applicable?
2. Suppose that CISG is applicable: Is the seller right that the notice was too late?
3. Suppose that CISG is applicable and that he informed the seller in due time: Which remedies could he have?

Answer rating: 100% (QA)

1 Yes the Convention on Contracts for the International Sale of Goods CISG is applicable in this cas... View the full answer