A warrant and a guarantee. What can a buyer request erstwhile the goods are defective?

dailyblitz.de 1 year ago

Zdjęcie: rekojmia-a-gwarancja.-czego-moze-zadac-kupujacy,-gdy-towar-jest-wadliwy?

The warrant and warrant are 2 basic mechanisms to defend the buyer from the negative effects of the acquisition of defective goods. What precisely can you request in specified cases? It turns out that buyers have a wide scope of options to defend their rights.

Buying any product, we anticipate it to have all the qualities that the seller assured us of. Unfortunately, that's not always the case. What to do then? The most crucial rights in specified cases arise from guarantees and possibly besides from guarantees. It is worth learning about the most crucial legal solutions governing the exercise of these powers.

Guarantee and warrant – key difference

To put it simply, The warrant derives straight from the provisions of the civilian Code and is so mandatory, while the warrant constitutes a declaration by the entrepreneur, which he can but does not gotta submit. According to Article 556 of the civilian Code, which expresses the definition of the warranty, the seller is liable to the buyer if the item sold is defective. However, the disadvantage is that the sold item is incompatible with the contract. The legislator considered the situations where the item sold as an example of specified non-compliance:

there is no jurisdiction that specified a thing should have by reason of the intent in the contract identified either by circumstances or by destination;
there are no characteristics the seller has provided to the buyer, including a example or a design;
not suitable for the intent which the buyer informed the seller erstwhile the contract was concluded and the seller did not rise any objection as to its intended purpose;
was issued to the buyer in an incomplete state.

These are alleged physical defects of things. They must be distinguished from legal defectswhich boils down to the question whether the seller actually owned what he sold. Pursuant to Article 556(3), the substance is affected by a legal defect where it is owned by a 3rd party, is governed by the law of a 3rd organization or by a regulation in the usage or regulation of the substance is the consequence of a decision or decision of the competent authority. In the event of a sale, a legal defect may besides trust on the non-existence of the law.

What to do if the thing is flawed?

According to the civilian Code, if the item sold has a defect, the buyer may first of all:

make a message of price simplification or withdrawal from the contract (unless the seller immediately and without undue inconvenience to the buyer replaces the defective item with defects free of defects or removes the defect);
request the exchange of items free of defects or the removal of defects;
if the defective item has been fitted, the buyer may require the seller to disassemble and re-install after having been replaced for defects free of defects or removal of defects;

In addition the civilian Code provides for peculiar protection for the consumer whose warranty claims have not been dealt with by the entrepreneur in due time. Pursuant to Article 561(5) k.c., where a consumer buyer has requested the exchange of goods or the removal of a defect or has made a message of price reduction, specifying the amount by which the price is to be reduced and the seller has not replied to that request within fourteen days, the request shall be considered justified.

Can the buyer choose between a warrant and a guarantee?

On the another hand, the warrant is defined in Article 577 pairs. 1 of the civilian Code, which provides that the granting of a warrant takes place by lodging a warrant declaration which specifies the obligations of the guarantor and the rights of the buyer where the sold item does not have the characteristics set out in that declaration. The warrant declaration may be submitted in advertising. Guarantees may consist, for example, of:

reimbursement of the price paid;
exchange or repair of items;
providing another services.

The entrepreneur is not obliged to supply guarantees, but in practice it is widely used, especially erstwhile selling various types of electronic equipment. Anyway, it's worth it. remember that warranty claims and guarantees can be utilized independently of each other. Therefore, you can usage both the guarantees and guarantees and only 1 of these mechanisms. Everything depends on the buyer's decision.

Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.

Contact us now. We'll review your case and see precisely what we can do about you. Our experts have already helped a number of clients who thought they were already in an impossible situation.

Attention! This article should be considered as a clue, a hint, not a prescription, how to solve your own problem. The legal opinion has no binding power for offices, courts, so we urge that legal matters be consulted straight with a lawyer. Each case is different and requires individual analysis.