Notice of defect in the sales contract

The buyer has certain rights when the seller's delivery obligation is not properly fulfilled and the sold is transferred in a defective manner. However, the continuation and exercise of these rights depends on the fulfillment of notice duty by the buyer. The main purpose of regulating this duty, which is an information declaration, is to inform the seller as soon as possible of the current state of defects in the sold. Although it is not necessary to include any declaration of will directed to a legal or actual result in the content of this duty, any kind of notification shall not be sufficient to acknowledge the fulfillment of the duty as required. When the buyer notifies the seller on the defect in the sold, he/she must comply with the notice periods set out in the TCO, TCC or CISG and meet the requirements for content and form. However, notice by the buyer himself/herself is not obligatory. The important point is that the notice shall be addressed to the seller or a person authorized to represent the seller by the buyer or a person authorized to represent buyer. Dispatch of the notice after complying with the aforementioned conditions shall be sufficient to acknowledge the duty has been fulfilled. However, informing the respective party without conforming these conditions will not result in the legally required notice duty being fulfilled as required. If the duty of notice is not fulfilled at all or precisely, the buyer will lose his rights which result from defective sales. However, as there are some exceptions in the TCO and CISG for the duty of notice, the parties may also abolish or amend the duty of notice.