Buyer’s Obligation to Inspect and Complain

The buyer is under an obligation to inspect the goods and performance delivered and notify the seller of any 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 made within a reasonable time period after the buyer has found or ought to have found the goods to be defective. If the buyer fails to make the claim within a reasonable time they lose their right to bring further claims against the seller in respect of the defective goods. There is no statutory definition of what constitutes reasonable time. Reasonable time is determined case by case. If the seller has acted in a grossly negligent way or contrary to good faith and honor, the requirement for reclamation is not applicable. However, it is advisable to give the notice in these circumstances also.

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