Qatar Trade Law No. 27/2006 Thursday, 17 March 2011 01:29

Provision 111

If the delivered or sold item didn’t match with the specifications agreed upon, such as quantity or class, then the buyer may ask for the annulment. If the difference reaches the extent which makes the sold item unsuitable for the purpose it was designed or in other case it is sufficient to reduce or increase its price depending on the increase or decrease in the quantity or the degree of class.

All this will be applicable unless there is an agreement or custom which is contrary to that.

Provision 112

The buyer in the circumstances set forth in the preceding provision shall notify the seller about the existence of the shortage or defect or lack of conformity within 15 days from the date of real delivery to him.

They may agree to lengthen or shorten this period or exempt the buyer from taking that period into account. If the buyer didn’t notify the same within the period specified in the preceding paragraph, then his claim will be heard only if the defect or shortage or lack of sold item’s conformity item with the specifications is not possible to be detected by the usual methods.

Provision 113

The seller shall bear the expenses of measurement or count or weight, unless there is agreement or custom which is contrary to that.

Provision 114

The buyer has to examine the sold item immediately after the receipt in accordance with the customary manner applied in the deal. He must notify the seller as soon as he detected the defect otherwise he forfeits the right to return it because of the defect. If the defect is detected by the usual examination, then the buyer shall notify the seller about the detection performed by him, otherwise he loses his right of recourse against the seller because of it.

Provision 115

The claim of guarantee of defect will be made within one year from the day of actual delivery of the sold item, unless the seller accepts the obligation of warranty for a longer period. The seller will not benefit from the limitation of period if he deliberately hid the defect.

Obligations of the buyer (116-124)

Provision 116

The price will be paid at the place where the sold item is delivered, unless there is an agreement or custom to the contrary. If the price is not due to pay at the time of delivery of sold item then it will be paid in a place where buyer’s home is found at the time of maturity of price.

Provision 117

The price will be paid at the place where the sold item is delivered, unless there is an agreement or custom to the contrary.

If any one opposed the buyer on the basis of a previous right on the sold item or if there is fear that the sold item will be taken off from the hands of the buyer, then he may, unless there is a condition in the contract which prevents it, withhold the price until the opposition comes to end or the threat goes away. However, the seller may in this case demand for the payment of the price rather than he provided with a guarantee. This provision shall apply in the case when the buyer detects a defect in the sold item.

Provision 118

If the entire or part of the price is due to pay at present, then the seller may keep the sold item until the due amount is paid to him even if the buyer has given a mortgage or security unless the seller has granted the buyer a period after the sale. The seller may keep the sold item with him even if the conditioned period to pay the price has not ended in the following circumstances:

1. If the buyer’s bankruptcy has been announced.

2. If the buyer has been weak to an extent that he cannot give the seller the guarantees or the weakness of guarantee is not linked to the will of the buyer as well as the buyer has not provided to the seller with what completes the guarantee.

3 If the buyer did not provide to seller what he had promised in the contract about the provision of the guarantees.

Provision 119

If sold item perished in the hands of the seller when he kept the same in his custody then the buyer shall bear the loss unless the sold item is lost by the seller himself.