The Court also left open the issue of whether the buyer lost his right to rely on a lack of conformity because of its failure to give notice within reasonable time (article 39 and 40 CISG).
买方是否由于其未能在合理时间内发出通知(《销售公约》第39和第40条)而失去主张货物不符合同的权利，法院对此问题也未予判定。