We have purchased some materials from a company and due to delay from the client our works got delayed. When we started using the materials we found them defective. When we notified the company regarding the defect, the supplier rejected our claim. Is there any provision in law that supports the supplier’s defence? Can we claim for compensation for defects in goods as per the law?
Article 458 of the civil law stipulates that when the purchaser has taken delivery of the thing sold he shall ascertain its condition as soon as he is able to do so in accordance with common usage. If the purchaser discovers a defect for which the seller is answerable he must give a reasonable notice thereof to the seller failing which he will be deemed to have accepted the thing sold. If the defects that cannot be discovered by means of normal inspection the purchaser shall, upon the discovery of the defect, at once give notice thereof to the seller failing which he will forfeit his right to the warranty. If the goods are destroyed or damaged by an act of the purchaser, the purchaser shall remain liable for payment of the full price thereof. by gulf times.