Belgium 26 February 2002 Commercial Court Hasselt (Fagard Winand v. BVBA HVA Koeling and HVA Koeling BVBA v. Besseling Agri-Technic BV and NV De
[Cite as: http://cisgw3.law.pace.edu/cases/020226b1.html]
DATE OF DECISION:
CASE NUMBER/DOCKET NUMBER: A.R. 00/02255
CASE HISTORY: 2d instance Hof van Beroep Antwerpen 14 April 2004
SELLER'S COUNTRY: Netherlands
BUYER'S COUNTRY: Belgium
GOODS INVOLVED: Cooling installation - sensors
Reproduced from CISG-Belgian database
"The CISG is part of Dutch internal law and thus applicable if Dutch law is applicable.
"A period of 12 months is not 'reasonable' to give notice of non-conformity. The alleged breach of a duty of information does not change this.
"A party can only be held liable on an extra-contractual basis if the fault is a breach not of a contractual obligation, but of a general duty of care and the fault has caused other damage than that caused by a defective performance of the contract. A breach of the duty of information is a contractual breach.
"The seller is liable if he has delivered goods that are not fit for the purposes for which they would be used.
"If the seller has to examine the functioning, the buyer may assume that the seller has taken appropriate measures, and if the seller does not, that this was not necessary (e.g., because the defect was not so serious that it could damage other goods."Go to Case Table of Contents
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
CITATIONS TO TEXT OF DECISION
Original language (Dutch): CISG-Belgium database <http://www.law.kuleuven.ac.be/ipr/eng/cases/2002-02-26%20Hasselt.html>
CITATIONS TO COMMENTS ON DECISION
UnavailableGo to Case Table of Contents