Meaning
A legal obligation in international sales transactions requires the buyer to examine received goods within the shortest practicable period under the circumstances. This duty, referred to as a cisg article 38 inspection, governs the timing of quality verification in cross-border supply chains. The obligation terminates once the buyer has had a reasonable opportunity to discover obvious defects, typically lasting only a few days after delivery at the port of entry.
Operational Trigger
Delivery of the consignment to the agreed destination starts the examination period. While a preliminary check at the dock may suffice for bulk materials, complex assemblies require unpacking and functional testing. Postponing this process until final assembly by a sub-buyer is permitted only if the seller knew of the redirection at contract signature.
Financial Risk
Postponing the check risks losing the right to claim for non-conformity. If the buyer discovers defects too late, they must pay the full contract price for unusable stock.
Industrial Protocol
Quality teams establish clear procedures for receiving bays to ensure rapid sampling. The assessment relies on pre-arranged laboratory protocols rather than informal visual checks to secure legally binding evidence. This protocol ensures that any non-conformity is documented with sufficient precision to survive a legal challenge.