Kuwait Court of Cassation principle number 2789

The purchaser's obligation, upon delivery of the thing sold, to ascertain its condition as soon as he is able to do so and promptly notify the seller of any defect discoverable by ordinary inspection. Effect of failure to notify. Forfeiture of his right to the warranty. - A latent defect warranted against by the seller. Its nature. One whose discovery requires special expertise and a particular examination. The seller must be notified of it upon its discovery within a reasonable period, failing which the right to the warranty is forfeited. - Assessing whether a defect is discoverable by ordinary inspection or is a latent defect. A factual matter.