Mängelrüge

Mängelrüge is a formal notice by a buyer to a seller that delivered goods are defective or do not conform to the contract. It serves to protect the buyer’s rights under warranty by enabling a timely remedy or adjustment of the purchase.

In German commercial law, the duty to inspect and report defects is anchored in the Handelsgesetzbuch (HGB), particularly for transactions between merchants. The buyer must examine the delivered goods promptly after delivery and notify the seller of any defects without undue delay. A failure to provide a timely Mängelrüge can bar the buyer from asserting warranty rights for the defects. In consumer sales, the general warranty framework under the BGB applies, and the specific notice rules may differ, but prompt notification remains essential to preserve remedy options.

Practically, a Mängelrüge should be in writing and include identifying information about the goods (item, order or invoice number), a precise description of the defect, evidence if available (photos, test results), and a request for remedy. It is advisable to preserve the goods and not use them further until the defect status is clarified. The seller, once notified, typically has the opportunity to repair, replace, or offer a price reduction, depending on the contract and applicable law. If a dispute cannot be resolved amicably, the Mängelrüge provides a basis for subsequent claims, such as warranty enforcement or contractual remedies.