Gewährleistungsfrist

Gewährleistungsfrist refers to the legal warranty period for defects in goods or services. In many legal systems, particularly in German-speaking countries, this term signifies the time frame during which a seller or service provider is liable for any faults that were present at the time of sale or completion. This liability is often referred to as "Sachmängelhaftung" or "Mängelhaftung" in German law.

The typical duration of a Gewährleistungsfrist varies depending on the type of product or service. For new goods, it is commonly two years. For used goods, this period can sometimes be reduced, but not entirely eliminated, by agreement. Services also have a warranty period, often also two years. This period begins upon the transfer of ownership or the completion of the service.

During the Gewährleistungsfrist, if a defect arises that was not caused by the buyer's misuse or normal wear and tear, the buyer has legal recourse. The primary rights of the buyer typically include the right to repair, replacement, a reduction in price, or, in some cases, withdrawal from the contract. The seller must be given an opportunity to rectify the defect.

It is important to distinguish the Gewährleistungsfrist from a guarantee (Garantie). A guarantee is a voluntary promise made by the seller or manufacturer, often extending beyond the statutory warranty period or covering aspects not included in the legal warranty. The Gewährleistungsfrist, however, is a statutory right that cannot be excluded by the seller, although its application and specific details can be influenced by contractual agreements within legal limits.