NEWSLETTER-2017

264 NEWSLETTER 2017 either no rights, or only the rights taken over in the purchase agree- ment against the buyer 1 . Another matter of note is the legal nature of the deficiency in quantity. In principle, any deficiency in quantity as to the sold thing is not considered to be a defect. However, such deficiency nonetheless gives rise to the obligation of the seller due to its improper perfor- mance. Nevertheless, it should be noted that the deficiency in quantity may be considered as a defect in exceptional cases where the quantity affects the quality. The width of a house, the caliber of a device, or a missing pattern on a fabric can be evaluated as exceptional examples in this regard 2 . Knowledge of the Buyer regarding Defects and the Significance of Defects Pursuant to Article 222 of the TCO, “ The rights of the buyer due to a defect are excluded if he has knowledge of the defect at the time the contract is entered into. The seller can be held liable for defects that can be discovered by the buyer’s due inspection on the sold thing in the event that the seller assures the buyer that the goods are free of defects .” According to this Article, and in parallel with Article 35/3 of the CISG, the seller cannot be held liable for any lack of conformity of the goods if, at the time of the conclusion of the purchase agreement, the buyer knew or could not have been unaware of such lack of confor- mity. In order to deem that the condition regarding the existence of a significant defect is met, the value or the availability of the thing that is subject to the purchase agreement must be remarkably reduced, or completely removed, as a result of the defect in the sold thing. The Fact that the Liability for Defects is not excluded by an Agreement According to Article 221 of the TCO, any agreement that ex- cludes or limits the liability of the seller is null and void if the seller is 1 Cevdet Yavuz, Türk Borçlar Hukuku: Özel Hükümler, 2014 İstanbul. 2 Cevdet Yavuz, Türk Borçlar Hukuku: Özel Hükümler, 2014 İstanbul.