Meaning
A statutory default rule under the Civil Code of the People’s Republic of China governs the deadline for buyers to report non-conformities in purchased goods. Under article 615, when a contract lacks an explicit inspection window, the purchaser must notify the supplier within a reasonable time.
Statutory Standard
The provision establishes a two-year absolute limit from the date of receiving the goods for reporting defects if no warranty period is defined. If a specific quality guarantee is attached to the product, that contractual or statutory period replaces the two-year ceiling. This dual-track timeline protects suppliers from indefinite liability while allowing buyers sufficient time to discover latent engineering defects.
Notification Requirement
Failure to issue a timely notice of defect under article 615 creates a legal presumption that the delivered items conform to the contract specifications. The buyer loses the right to demand price reductions, replacements, or damages for non-conformity once this period expires. In commercial transactions, courts determine what constitutes a reasonable time by evaluating the nature of the goods, their packaging, and the standard practice of the industry.
Enforcement Consequence
Exceptions to the notification obligation arise if the seller knew or should have known that the delivered products did not meet the agreed quality parameters. In such cases, the supplier cannot rely on the defense that the buyer failed to notify them within the reasonable period or the two-year limit. This shifts the burden of proof back to the manufacturer, forcing them to demonstrate that they acted in good faith during the delivery phase.
Industrial buyers must therefore document the intake testing process carefully, establishing an audit trail that proves when and how a defect was first identified.
