The court stated that the buyer had lost the right to rely on the lack of conformity pursuant to article 39 CISG, since he had failed to give timely notice of nonconformity to the seller.
法院认为,买方已丧失其以货物不合规格的理由作为抗辩的权利,因为货物的检查和通知均未及时进行。
The court held that the buyer had lost its right to rely on a lack of conformity as a defense because examination of the goods and notification had not been carried out in time.
Lack of conformity includes lack of both quality and quantity(article 35(1) CISG), but the buyer had lost its right to rely on the lack of conformity under the Convention.
法院指出,一方当事人拒绝参加仲裁应被视为已丧失被听取意见的机会(《仲裁法》第25条)。
The Court noted that a party that refuses to participate in an arbitration is deemed to have forfeited the opportunity to be heard(art. 25 MAL).
另一与会者认为,安理会成员似乎已丧失了非正式交流的能力,例如,拿起手机与另一位成员通话。
According to another participant, Council members seemed to have lost the ability to communicate in informal terms, for instance, by picking up a telephone and calling another member.
According to the report, economically important coastal habitats and ecosystems are under pressure, while 40 per cent of coral reefs and half of all mangroves have already been lost.
Exports have fallen to less than a third of what they were in 1992; 73.5 per cent of the national economic capacity has been lost and made no contribution to strengthening economic performance in 1997.
由于这些耽搁,可能有助于更好执行资产冻结或可能对海牙刑事法院案件有帮助的财务记录均已丧失。
As a result of the delays, the financial records that could have assisted in improving implementation of the assets freeze or, possibly, assisted the criminal court case at The Hague, have been lost.
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