BUYER 'S NOTICE TO THE SELLER THAT THE DELIVERED GOODS ARE NOT COMPLIANT WITH THE CONTRACT

Abstract

In the paper, the author points to the more correct use of the term notice instead of the term objection, since the objection implies action in litigation and other actions by which the subject sustains or contests a certain subjective right. The seller is obliged to deliver the goods to the buyer without defects, i.e. in accordance with the agreement. If the goods are not in conformity with the agreement, the buyer is obliged to inform the seller. The exception is the Romanic rights, so for example, the French law links the liability to hidden defects of the goods and instead of the notice of the seller, the buyer files a claim within a certain time limit. English law does not recognize the defective performance of the agreement but classifies all violations of the agreement relating to the performance thereof under the unique term of violation of the agreement, and therefore the buyer must object to all deviations from the contracted specifications of the goods if it wants to terminate the agreement. Our law provides for the obligation of the buyer, under the threat of the loss of a right, to notify the seller for identified deficiencies of the goods. The United Nations Convention contains an obligation for the buyer to send a notice with appropriate content and in proper form. The notice must be timely, specific and delivered in a secure manner. The notice is timely if it is filed within the time limit agreed or provided for by the regulations. The specificity of the notice consists of the duty of the buyer to indicate in its notice the defects for which it makes a complaint. The notice on the quality of the goods must also include an invitation to the seller to inspect the goods. The form of notice in which the buyer is required to submit a complaint to the seller is regulated differently. The general rule is that the buyer is obliged to give the notice in writing to the seller, as a rule with supporting documents based on which the lack of quality or deficiency of the goods has been established. If the notice is untimely, not specific and not delivered in a secure manner, the buyer, as a rule, risks losing the rights he has against the seller for the non-compliant delivery of the goods.