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apply regardless of whether the defect may be detected at first glance,
or is evident or hidden. In order for the seller to be held responsible
therefrom, the hidden defect shall be present on the good prior to the
transfer of the liability of loss to the buyer.
• The responsibility of the seller shall not be waived by the agree-
ment.
The parties to the sale and purchase agreement may limit or com-
pletely waive the obligation of the seller of warranty against defects.
Nevertheless, limitations on warranties shall not be valid if the seller
has fraudulently hidden the defect, caused the buyer to act based on a
mistake and induced the buyer to execute the agreement with the terms
and conditions that the buyer wishes.
Referring to the Provisions Governing Warranty against
Defects and Requirements of Examination and Notification
In order for the buyer to hold the seller responsible from warranty
against defects, it is required for the buyer to have fulfilled the obliga-
tion of conducting an examination. The buyer shall examine the sold
good as soon as possible and confirm whether the sold good possess
the necessary or promised qualities. The buyer may personally conduct
the examination or procure the examination to be done by a third party
should it necessitate specific professional knowledge.
The buyer shall conduct the examination as soon as possible.
Pursuant to article 25/3 of the Turkish Commercial Code, the exami-
nation shall be conducted within eight days following the sale for sale
and purchase of commercial commodities. In order for the seller to be
held liable of defects, the buyer shall immediately notify the buyer of
such defects detected through examination (CO art. 198).
The Possibilities of the User Resulting from Warranty against
Goods
If the aforementioned conditions for responsibility from warranty
against goods are fulfilled, the buyer shall have certain options. The
buyer may request either the decrease of the purchase price paid under
the sale and purchase agreement, the termination of the agreement or
the replacement of the sold good with a good of the same type, if the
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