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any damages caused by the defective goods, are subject to a time limit
of three years. Such claims cannot be made after the ten year period
following the day on which the good that caused the damage has been
launched to the market; however, it is regulated that in the event the
seller intentionally or fraudulently hid the defect of the good from the
consumer then time limitations shall not be applied.
Goods Purchased with Acknowledgement of Their Defectiveness
Provisions other than the provisions pertaining to liability for dam-
ages caused by defective goods under the Article 4 of Law No. 4077
shall not apply to the goods purchased by acknowledging their defec-
tiveness at the point of sale.
The manufacturer or seller is obliged to affix a label on the good
or its package, easily legible by the consumer, bearing the word
“defective” clearly displayed on the defective good to be offered for
sale. There is no obligation to affix such labeling on the goods at the
places where only defective goods are sold, or a store or department,
which has been permanently allocated for the sale of defective goods,
in a manner easily noticeable through an elementary inspection by a
normally diligent consumer. It is regulated that the defectiveness of the
good shall be indicated on the invoice, receipt or sales document given
to the consumer. Unsafe goods cannot be supplied to the market even
with the label “defective”.
The provisions of Article 4 of Law No. 4077 shall also apply to all
consumer transactions relating to the sale of goods.
The Regulation on Liability of Damages Caused by Defective
Goods
“The Regulation on Liability of Damages Caused by Defective
Goods” (“Regulation”) prepared by the Ministry of Industry and
Commerce has been in effect since 2003.
The aim of the Regulation is to establish the procedures and prin-
ciples of the liability manufacturer/producer for damages caused by
defective goods.
The definition of the term “goods” in the Regulation is the same as
the definition under the Law No. 4077, but the “defect” is defined dif-
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