Article 40sk en

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Article 40
[slovenske znenie]

The seller is not entitled to rely on the provisions of articles 38 and 39 if the lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclose to the buyer.

CASE LAW:

judgement KS ZA from 25 October 2007, rec. no. 15Cb/10/2004

CISG ADVISORY COUNCIL OPINIONS:

CISG AC OPINION 2: Examination of the Goods and Notice of Non-Conformity Articles 38 and 39

LITERATURE:

see also annotated Article 40 in Pace Database

see also case law to article 40 in the UNCITRAL Digest of case law