Explanation of Article 340
The article specifies the period within which the buyer must verify the soundness of the sold item for defects, and the period within which the seller must be informed of the defect if it exists. The article distinguishes between two types of defects:
The first type: Defects that can be discovered through ordinary inspection, such as defects that can be discovered in devices merely by opening their covers or by using them, or defects that appear in a car upon testing or through ordinary inspection.
The second type: Defects that cannot be discovered through ordinary inspection and require an unusual technical examination for such goods.
The first paragraph clarifies what pertains to the first type of defects, stating that if the buyer receives the sold item, they must verify its condition as soon as they are able to do so according to customary dealings. The system does not specify a fixed period for verification due to the variation depending on the nature of the sold item; the customary period for verifying the condition of real estate differs from that for an animal, car, food, and so on.
If the buyer finds a defect in the sold item that can be discovered through ordinary inspection, they must inform the seller within a reasonable period according to customary dealings; otherwise, their delay in informing is considered acceptance of the defect, and their right to recourse against the seller for warranty is forfeited.
Based on what the paragraph stipulates, the buyer is not required to inform the seller of this type of defect immediately upon discovery; their delay in informing is not considered acceptance of the defect if it does not exceed a reasonable period. This is because it is customary in people's dealings that, although a defect can be discovered upon receipt, the buyer may not discover it until after testing or opening the device, and so a reasonable period is given for inspection and informing the seller.
The second paragraph clarifies what pertains to the second type of defects, which cannot be discovered through ordinary inspection; the passage of time before their discovery, even if prolonged, is not considered evidence of the buyer's acceptance of the defect. However, once the defect is discovered, the buyer must inform the seller immediately upon its appearance; otherwise, they are considered to have accepted it. The buyer's excuse for not discovering the defect within a reasonable period due to the nature of the defect does not justify delaying informing the seller once it is discovered.
In both types, there is no specific form required for informing; it can be in writing, orally, or otherwise, and the burden of proof lies with the buyer.
Related To
Article 340
- If the buyer takes delivery of the sold item, he shall inspect its condition as soon as possible in a manner that is typical in such dealing. The buyer shall, within a reasonable period, notify the seller of any defect under warranty; otherwise, the buyer shall be deemed to have accepted the sold item as is.
If the buyer discovers a defect that cannot be discovered by reasonable inspection, he shall notify the seller as soon as such discovery is made; otherwise, the buyer shall be deemed to have accepted the sold item as is