Gewährleistungsfälle

Gewährleistungsfälle, often translated as warranty claims or defects liability, refers to situations where a buyer discovers a defect in a product or service that existed at the time of purchase or handover. In many legal systems, particularly in German-speaking countries, this concept is central to consumer and commercial law. The seller or service provider is legally obligated to ensure that the goods or services are free from material and legal defects.

When a Gewährleistungsfall occurs, the buyer has specific rights. These typically include the right to rectification, which means the seller can attempt to repair the defect. If repair is not possible or fails, the buyer may be entitled to a replacement of the defective item. In some cases, if neither repair nor replacement is feasible or satisfactory, the buyer might have the right to a price reduction or, in more severe instances, to withdraw from the contract altogether and demand a refund.

The duration of this warranty period is legally defined and varies depending on the type of product or service and the jurisdiction. For new goods, it is often two years. It is crucial for the buyer to report the defect to the seller within a reasonable time after discovering it, and in many cases, within the statutory warranty period. Failure to do so can jeopardize their right to claim. The burden of proof regarding the existence of the defect at the time of sale can shift depending on how long after the purchase the defect appears.