Kuwait Court of Cassation principle number 2806

Provisions on the warranty against defects. Are not matters of public policy. Agreement to amend them by increasing or excluding the warranty is permissible. - The seller's warranty of the fitness of the thing sold to function for a specified period. Its implication. The warranty covers any type of malfunction in the thing sold, even if it is not a defect in the stated sense. The purchaser must notify the seller of the malfunction in the thing sold within 1 month of its appearance in order for the seller to be bound by the warranty if he refuses to repair that malfunction. - Determining the correct basis of liability and identifying the legal rule applicable to the relationship between the parties to the compensation action. Falls within the authority of the court of merits without this constituting a change by it to the cause of action or its subject matter. The reason for this. An example concerning a car catching fire because of an electrical defect during the warranty period. - 544 - Sale