NEWSLETTER-2017

266 NEWSLETTER 2017 to the seller in order to protect its rights within eight (8) days upon delivery of the goods. In other cases, the second paragraph of Article 223 of the Turkish Code of Obligations shall be applied .” Accord- ingly, the notification periods are stipulated in parallel with the nature of the defects in cases where the commodity in commercial sales is defective. Nonetheless, the intended meaning of the expression “rea- sonable time” under Article 223/1 of the TCO is to notify the seller of the situation without losing any time, following the determination of the defect, with normal promptness that is required by the nature of content of the work, and the circumstances. If the obligation of inspection and notification are not fulfilled by the buyer in due time, the buyer shall be deemed to have accepted the defective goods. However, it should be noted that in cases where the seller is grossly at fault, the seller shall not exclude its liability by way of alleging that the buyer made a belated a notification. The buyer’s obligation of inspection is regulated under Article 38 of the CISG. Pursuant to this provision, “ The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances .” Furthermore, according to the second paragraph of the same Article, “ In case the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination .” The buyer’s obligation of notification is set out under Article 39 of the CISG. According to this Article, “ The buyer loses the right to rely on a lack of conformity of the goods if he does not 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. In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof, at the latest, within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time limit is inconsistent with the contractual period of guarantee. ”