Gewährleistungsverpflichtung

Gewährleistung, often translated as warranty or guarantee, is a legal concept primarily found in German and Austrian law. It refers to the seller's liability for defects in a product or service that existed at the time of sale or delivery. This legal obligation is distinct from a voluntary commercial warranty, which is an additional promise made by the seller or manufacturer.

Under Gewährleistung, if a purchased item is found to be faulty, the buyer has certain rights. The primary remedies are repair of the defective item or replacement with a new, defect-free one. If these options are not feasible or are unsuccessful, the buyer may be entitled to a reduction in price or, in some cases, to withdraw from the contract entirely. The seller is generally given the opportunity to rectify the defect first.

The duration of Gewährleistung is typically two years for new goods and one year for used goods, although specific exceptions and contractual variations can apply. It is important to note that Gewährleistung covers defects that were present at the time of purchase, not those that arise from normal wear and tear or misuse by the buyer. The burden of proof generally shifts after six months; initially, the buyer must prove the defect existed at the time of sale, but after six months, it is presumed to have existed unless the seller proves otherwise.