Explanation of Article 344
The article clarified that the claim for defect warranty is subject to a statute of limitations of one hundred and eighty days from the date of delivery of the sold item, except in two cases: The first case: If the contracting parties agree to extend the warranty period beyond one hundred and eighty days, the statute of limitations in this case shall be as agreed upon by the contracting parties, provided it does not exceed ten years. The second case: If the buyer proves that the seller deliberately concealed the defect fraudulently; the statute of limitations in this case shall be ten years. The legislator chose to shorten the statute of limitations for the defect warranty claim compared to the general statute of limitations stipulated in Article (295), because if the period is extended, it becomes difficult to determine whether the defect originated before or after delivery; and to prevent the seller from being threatened by this warranty for a long period. It is also a sufficient period for the buyer to inspect the sold item and ascertain its freedom from defects, and thus it begins from the time he is able to do so, which is upon delivery. The provisions stipulated in the general statute of limitations in the first section apply to the statute of limitations for defect warranty, except as mentioned in this article, whether in terms of suspension, interruption, or the inadmissibility of shortening it to less than one hundred and eighty days, or other provisions as stipulated there.
Related To
Article 344
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A claim for warranty against defects may not be heard upon the lapse of 180 days from the date of delivery of the sold item, unless the seller’s warranty extends beyond such period.
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A seller may not assert the lapse of the period provided for in paragraph (1) of this Article if it is established that he fraudulently concealed the defect.