Warranty Obligations
"What warranty obligations apply to B2B sales in Turkey?"
Quick Answer
Sellers are liable for defects under the Turkish Code of Obligations (Law No. 6098). Buyers must inspect the goods as soon as practicable and notify the seller within an appropriate time. In commercial sales between merchants, Turkish Commercial Code Art. 23/1(c) applies: if the defect is obvious at delivery, notice must be given within 2 days; if not obvious at delivery, notice must be given within 8 days after delivery. If a hidden defect is discovered later, it must be notified immediately upon discovery. Warranty limitations/waivers may be agreed in B2B contracts, but any clause limiting or excluding liability is invalid if the seller acted with gross fault (TCO Art. 221), and a grossly at-fault seller cannot rely on the 2-year limitation period (TCO Art. 231).
Legal Framework in Turkey
Warranty obligations in sales are governed primarily by the Turkish Code of Obligations No. 6098 (seller’s liability for defects, inspection and notice, remedies, limitation). In commercial sales between merchants, Turkish Commercial Code No. 6102 Art. 23/1(c) also introduces strict notice deadlines for defect notifications.
Key Points to Remember
- Turkish Code of Obligations applies to most commercial contracts
- Freedom of contract is a fundamental principle, with some mandatory provisions
- Written form may be required for certain agreements
- Choice of law clauses are generally respected for international contracts
Drafting Considerations
When drafting contracts involving warranty obligations, attention should be paid to Turkish-specific requirements and practices. Bilingual contracts (English-Turkish) are common for international transactions.
Including appropriate dispute resolution mechanisms, clear governing law provisions, and well-defined obligations helps prevent future conflicts and ensures enforceability.
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We share general information on B2B warranty obligations and merchant rules in Türkiye. Contacting us does not create a lawyer client relationship.
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