According to Article 39 CISG, the buyer loses this right when it fails to "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."[131] As has been noted, the period in which this ought to have been discovered relates to the Article 38 CISG examination period. Such notice must occur no later than "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."[132] As with Article 38 CISG, the seller may not rely on this Article where it "knew or could not have been unaware [of the non-conformity] and which he did not disclose to the buyer."[133] In addition, "the buyer may reduce the price in accordance with article 50 or claim damages, except for loss of profit, if he has a reasonable excuse for his failure to give the required notice."[134]
The Contract Law generally adheres to the Convention's approach in dealing with notice of non-conformity. When an Article 157 CCL inspection period has been set by the contract, "the buyer shall notify the seller of any non-compliance in quantity or quality of the subject matter within such inspection period."[135] Absent such notice, "the quantity or quality of the subject matter is deemed to comply with the contract."[136] In the alternative situation where no inspection period has been set, "the buyer shall notify the seller within a reasonable period, commencing on the date when the buyer discovered or should have discovered the quantity or quality non-compliance."[137] Failure to do so within two years of receipt deems the quantity and quality of the goods in compliance, unless it is inconsistent with a warranty period.[138] Finally, as with the Convention when the "the seller knew or should have known the non-compliance of the [goods], the buyer is not subject to the time limits for notification."[139]