Gewährleistungsfall

Gewährleistungsfall refers to a situation where a buyer claims that a purchased item or service is defective or does not conform to the agreed-upon contract. In German law, this concept is closely tied to the legal concept of Sachmangel (material defect) or Rechtsmangel (defect of title). When a Gewährleistungsfall occurs, the buyer has certain rights against the seller, provided the defect existed at the time of purchase and was not caused by the buyer's misuse.

The primary rights of the buyer in a Gewährleistungsfall typically include the right to subsequent performance (Nacherfüllung), which can be either repair of the defect or delivery of a new, non-defective item. If subsequent performance is unsuccessful, fails, or is refused by the seller, the buyer may then be entitled to other remedies. These can include withdrawal from the contract (Rücktritt), reduction of the purchase price (Minderung), or, under certain conditions, compensation for damages (Schadensersatz).

The specific warranty period and conditions can vary depending on the type of goods or services and are often stipulated in the purchase agreement or by law. For consumer purchases, legal provisions often offer stronger protection to the buyer. It is important for both buyers and sellers to understand their rights and obligations in the event of a Gewährleistungsfall to ensure fair resolution.