Buyer’s Obligation to Inspect and Complain

The buyer is under a duty to inspect the delivered goods and the performance as well as notify the seller of defects. The reclamation must set out in what way the goods are defective. The notice must be sufficiently clear to enable the seller to remedy the defect.

The notice of defects must be done within a reasonable period of time after the buyer has found or ought to have found the goods to be defective. If the buyer fails to make the reclamation within a reasonable time it loses its right to bring claims against the seller in respect of the defective goods. There is no statutory definition of what constitutes reasonable time. The reasonable time is determined case by case. If the seller's act has been gross negligent or acted contrary to the rule of good faith and honor, the requirement for reclamation is not applicable. However, it is to be recommended to give the notice in these circumstances also.

The reclamation may be done orally but it is reasonable to send a written reclamation.