Statutory Deadlines For Defect Notification In Commercial Sales

Contracts governed by the Turkish Commercial Code are classified as commercial contracts if both parties are merchants or if the contract is related to a commercial enterprise. In commercial sales contracts, the seller's liability for defects depends on the buyer fulfilling certain legal obligations regarding inspection and notification after the delivery of the goods. The term "defect" refers to a deviation from the qualities promised in the contract or the objective standards expected of similar goods.

According to Article 23 of the Turkish Commercial Code ("TCC") and the reference it makes to Article 223 of the Turkish Code of Obligations ("TCO"), the deadlines for notifying defects vary depending on the type of defect. If notification is not made in due time, it is assumed that the buyer has accepted the goods as they are. For this reason, these deadlines are critical in commercial sales.