Buyer's Late Notification of Vehicle Defect Constitutes Waiver of Warranty

A buyer, after receiving a vehicle with a hidden defect making it unfit for its intended purpose, sued the seller, demanding the cancellation of the sale and damages, but the trial court dismissed the claim, holding that the buyer's late notification of the defect constituted a waiver of the warranty under the relevant sales code provision because the buyer had used the vehicle for several months before reporting the issue. The high court rejected the appeal, affirming that the lower court correctly applied the law, as the buyer's prolonged use of the defective good without timely protest constitutes acceptance or waiver of the warranty claim, justifying the dismissal of the action for rescission and damages.