NEWSLETTER-2017

265 LAW OF OBLIGATIONS grossly negligent in the transfer of the sold thing together with defects. As mentioned above, considering the fact that these provisions are not mandatory, it is possible to conclude an agreement that limits or ex- cludes the liability of the seller for defects. However, as it can also be understood from the above-mentioned Article that such non-liability clause shall be null and void in the event that the seller is grossly negligent or at fault in the transfer of the defected thing, or if the seller fraudulently conceals the defect in the sold thing. The Fact that the Buyer has fulfilled its Obligations that are imposed by Law and that the Buyer refused to accept the Defects Pursuant to Article 223 of the TCO, “ The buyer must inspect the purchased thing without undue delay in the normal course of business, and if he discovers any defects of which the seller is liable, he must notify the seller within a reasonable period of time. In the event that the buyer omits to inspect and fails to notify the seller in this respect, it is deemed that the buyer accepted the defected goods. However, if the sold thing has defects that would not be discovered by an ordinary inspection, this clause will not apply. If such defects are discovered at a later stage, the seller must be notified immediately; otherwise, the sold thing is deemed to be accepted together with its defects .” The obligations that are imposed on the buyer are (i) to inspect the sold thing and (ii) to notify the seller regarding the alleged defects. The buyer must inspect the purchased thing and, in the event of any defects, it is obliged to inform the seller in this regard. However, ac- cording to a recent opinion in the doctrine, as these aforementioned obligations might be considered placing undue responsibilities on buy- ers that are not merchants, in any event, such consumers should have the opportunity to claim damages and make other requests through the general provisions pursuant to Article 112 of the TCO. Another provision in relation to the subject is stipulated in Article 23 of the TCC. According to this provision, “ if it is expressly clear that the good at issue is defective on delivery, the buyer must notify the seller within two (2) days. If it is not expressly clear, the buyer is obliged to investigate or have it investigated, and notify the defect