Claim to a defect-free purchased item
We encounter sales law almost every day, from the simple purchase of a bread roll at the bakery to the rarer and much more complex purchase of a car or real estate. Every purchase involves rights and obligations. Thus, the buyer is entitled to a defect-free product that possesses the contractual properties and can be used accordingly. If there is a material defect, the buyer may assert various rights.
A material defect exists if the purchased item does not have the condition contractually agreed upon or legally required. This is the case, for example, if the item does not possess the properties agreed upon by buyer and seller. If no specific properties were agreed upon, the purchased item must be suitable for ordinary use and have a usual quality. A material defect also exists if assembly is faulty or a delivery is incomplete, according to the business law firm MTR Legal Rechtsanwälte, which also advises on sales law.
Warranty claims in the event of a defect
If a defect exists, the buyer may assert warranty claims. As a first step, the buyer can demand subsequent performance, i.e., the removal of the defect. This can be done either by repair (remedying the defect) or by delivery of a new, defect-free item (replacement). The seller decides which alternative is chosen, provided the selected option is not unreasonable for the buyer.
If the seller refuses subsequent performance or if it fails, the buyer can declare withdrawal from the purchase contract . Upon returning the purchased item, the buyer will then receive his money back. Instead of a complete reversal of the purchase contract, a reduction of the purchase price is also possible. The extent to which the purchase price can be reduced depends on the degree to which the value of the item is diminished by the defect.
In certain circumstances, the buyer may also have a claim for damages . This applies if the defect causes additional costs, for example if other objects are damaged due to the defect or if costs for a rental car arise because the purchased car could not be used.
Warranty and guarantee
Warranty claims generally become time-barred two years after delivery of the goods. For used goods, the period may be reduced to one year in the purchase contract under certain conditions.
The statutory warranty applies automatically to every purchase contract and must not be confused with a voluntary manufacturer’s guarantee. The manufacturer can voluntarily offer additional guarantees. However, these may differ in terms of content and duration.
To assert warranty claims, the defect must have been present at the so-called transfer of risk, i.e., at the handover of the item to the buyer. In consumer goods purchases between a consumer and a business, if the defect appears within twelve months after handover, the law presumes that it already existed at the time of purchase. The seller must then prove that the goods were originally in order.
Assert claims at an early stage
If the buyer discovers a defect, they should assert their claims as early as possible. While consumers are not legally obligated to report the defect immediately, it becomes increasingly difficult over time to prove the condition at the time of handover or to take timely legal action. The limitation period for warranty claims may also be at risk.
It is advisable to notify the seller of the defect in writing and to set a reasonable deadline for subsequent performance. Generally, around 14 days is considered reasonable. All relevant documents, such as invoices, photos of the defect, or correspondence, should also be kept to be prepared for any dispute.
If there is a material defect, the buyer has extensive rights, from repair to withdrawal or damages. It is important to observe deadlines, document defects early and notify the seller in order to enforce one’s own claims.
MTR Legal Rechtsanwalte advises on liability for defects, warranty claims and other topics concerning sales law.
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