Kuwait Court of Cassation principle number 2809

Warranty against latent defects. The purchaser must notify the seller upon discovering the defect without delay in order to be able to seek recourse against him by an action on the warranty against defects. Absence of notification at the appropriate time. Its effect: lapse of his right to the warranty. Assessment thereof. A matter of fact independently determined by the court of merits, provided that it bases its ruling on sound reasons. - Provisions governing the warranty against latent defects. They are not matters of public policy. The seller and purchaser may agree to modify them by extension or exclusion. The seller's warranty of the fitness of the thing sold to function for a specified period constitutes a form of agreement to extend the grounds of warranty. In this case, the purchaser must notify the seller of the malfunction within one month from the date of its appearance and must bring the warranty action within six months from the date of notification. Holding the seller liable under the warranty. Its condition. Establishment of proof of his refusal to repair the malfunction. Example concerning the admissibility of an action on the warranty against defects because it was brought within the statutory time limit.