This Federal Supreme Court decision highlights the importance for the buyer to meet its burden of proving timely notice of defects and for the seller to avoid a tacit waiver of its right to invoke late notice.
The Federal Supreme Court clarifies the conditions for risk transfer under the CISG and joint liability under the SCO. The Court confirms that when it comes to sales contracts involving transportation of goods, risk remains with the seller until the goods have been delivered to the carrier, and that joint liability can be established through contractual form as well as subsequent conduct.
