Gewähr

Gewähr is a German term meaning assurance or guarantee, commonly used in sales and contract contexts. In legal usage it is closely tied to Gewährleistung, the statutory warranty that a seller provides to a buyer that goods are free from defects and conform to the contract at the time of delivery. In everyday language Gewähr is often used as shorthand for this warranty, as in “unter Gewähr” or “mit Gewähr.” The word itself derives from the verb gewähren, meaning to grant or assure.

Scope and remedies: When a defect exists at delivery, the buyer typically has Gewährleistungs rights, including repair or replacement of the goods, a reduction in price, or rescission of the contract. In many jurisdictions, the statutory warranty period for consumer purchases is two years; for used goods, the period may be shortened or capped by agreement. In the first six months after delivery, the seller bears the burden of proof that the defect did not exist at delivery; after six months the burden may shift to the buyer to prove the defect existed at delivery. Beyond the statutory minimum, manufacturers or retailers may offer additional guarantees that extend coverage or duration.

Difference from Garantie: Gewähr refers to a legal obligation imposed by law on sellers, while Garantie is a voluntary promise by the seller or manufacturer that goes beyond the statutory minimum and can vary in scope and duration. Although related, these concepts differ in source and sometimes in the remedies they provide. In practice, both aim to protect buyers and to ensure product quality and conformity with contractual terms.