| 1. | Section ii . conformity of the goods and third party claims
第二节货物相符与第三方要求 |
| 2. | 3 the seller is not liable under subparagraphs to of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity
如果买方在订立合同时知道或者不可能不知道货物不符合同，卖方就无须按上一款项至项负有此种不符合同的责任。 |
| 3. | It is expressly agreed that after the expiry of such term , the buyer will not plead non - conformity of the goods , or make a counter - claim thereon , in defence to any action taken by the seller against the buyer for non - performance of this contract
双方明确约定，在该两年期限届满之后，卖方以不履行合同为由向买方提出诉求时，买方不得在答辩中主张货物不符约定，或据此提出反请求。 |
| 4. | 1 the buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it
买方对货物不符合同，必须在发现或理应发现不符情形后一段合理时间内通知卖方，说明不符合同情形的性质，否则就丧失声称货物不符合同的权利。 |
| 5. | 1 the buyer shall examine the goods as soon as possible after their arrival at destination and shall notify the seller in writing of any lack of conformity of the goods within 15 days from the date when the buyer discovers or ought to have discovered the lack of conformity
1买方应在货物到达目的港之后尽快检验货物，并应在买方发现或应该发现货物不符之日起15日内，将货物不符约定的情况书面通知卖方。 |
| 6. | 2 in any event , the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer , unless this time - limit is inconsistent with a contractual period of guarantee . article 40
无论如何，如果买方不在实际收到货物之日起两年内将货物不符合同情形通知卖方，他就丧失声称货物不符合同的权利，除非这一时限与合同规定的保证期限不符。 |
