Question juridique clé
Whether the notice of defects sent on 5 October 2006 was timely after discovery of the defect on 4 September 2006.
Solution extraite
A notice sent more than one month after discovery was not immediate and was therefore late.
Motifs extraits
Under sales law, and equally under work-contract law, defects discovered after delivery must be notified immediately; a delay of over one month is plainly untimely.