Mängelanzeige

Mängelanzeige is a term used in German contract and procurement practice to describe the notification by a buyer to a seller or contractor that delivered goods or performed work contain defects or do not meet contractual specifications. The purpose is to document the defect, trigger the seller’s or contractor’s obligation to remedy, and preserve warranty rights under the contract and applicable law.

Legal framework and scope: In German law, Mängelanzeigen relate to Gewährleistung (warranty) and, in construction and procurement, to contract-specific rules such as the VOB/B. The buyer is typically required to notify the supplier promptly and in writing after discovering a defect, within the warranty period or within contractually agreed time limits. The notification should enable the supplier to assess and rectify the issue.

Content and procedure: A Mängelanzeige should contain essential information such as contract or order number, item or service description, quantity or scope, a precise description of the defect, approximate time of discovery, and relevant evidence (photos, documents). It may also specify the requested remedy (repair, replacement, price reduction, or withdrawal) and a reasonable deadline for action. Keeping records of correspondence and responses is advisable.

Effects and remedies: Proper and timely Mängelanzeigen preserve the buyer’s warranty rights. If justified, the seller or contractor must perform Nacherfüllung (remedy or replacement). If defects are systemic or recurrent, the buyer may seek price reduction or, in some cases, withdrawal from the contract. Delays or omissions in notifying defects can affect the enforcement of claims.

Relation to Mängelrüge: Mängelanzeige and Mängelrüge are related concepts; the latter is often used to describe a formal complaint about breaches of contract due to defects. The exact meaning can vary by contract and jurisdiction.