Sale of Goods: Acceptance, Visible Defects, and Waiver of Warranty Claim
Synthèse Legislator
Généré par l'IAThe dispute arose from a contract for the sale of goods where the buyer claimed non-conformity due to the presence of impurities, while the seller maintained that the goods met the contractual specifications and that the buyer had inspected them prior to acceptance, thereby waiving any right to claim defects. The Court of Cassation rejected the appeal, affirming that the lower court's finding that the buyer, having accepted the goods after inspection without reservation, could not subsequently invoke hidden defects that should have been apparent upon reasonable examination, or that the alleged defects did not significantly impair the utility of the goods as intended by the contract, was a factual determination supported by the evidence and legally sound under the relevant sales law provisions regarding acceptance and warranty against visible defects.
Regeste Legislator
Généré par l'IASale of Goods: Acceptance, Visible Defects, and Waiver of Warranty Claim: The Court of Cassation rejected the appeal, affirming that the lower court's finding that the buyer, having accepted the goods after inspection without reservation, could not subsequently invoke hidden defects that should have been apparent upon reasonable examination, or that the alleged defects did not significantly impair the utility of the goods as intended by the contract, was a factual determination supported by the evidence and legally sound under the relevant sales law provisions regarding acceptance and warranty against visible defects.