Kuwait Court of Cassation principle number 2790

The buyer must promptly bring an action under the warranty against latent defects and not delay taking its procedural steps within its limitation period of 1 year from delivery. - Expiry of 1 year from delivery without bringing an action under the warranty against latent defects. Its effect. That action is barred by the 1-year limitation period. This is not affected by the buyer learning of the defect after expiry of that period or by its discovery requiring special technical expertise, unless the parties agree to extend the limitation period or the seller intentionally conceals the defect fraudulently. - A defence based on factual elements may not be raised for the first time before the Court of Cassation. Example concerning the buyer raising the seller's acceptance of extending the warranty period against latent defects beyond 1 year or the seller's intentional fraudulent concealment of the defect. - 541 - Sale