Kuwait Court of Cassation principle number 2298

Warranty against latent defects. Conditions for its existence. - Recourse against the seller by an action on the warranty against defects. Its condition. The buyer’s notification to the seller of the defect upon discovering it. The notification must be made within a reasonable period in accordance with customary dealings. Failure to notify at the appropriate time. Its effect. The thing sold is deemed free of defects, or the buyer is deemed to have accepted the defect found, and the buyer’s right under the warranty lapses. Example.