Mängelrügen

Mängelrügen, in German law, denotes the formal notice of defects raised by a buyer to a seller after the delivery of goods. The term is primarily used in commercial practice and describes the obligation to inspect goods upon receipt and to report any deficiencies in a timely and sufficiently precise manner. A Mängelrüge serves to preserve and trigger warranty rights and remedies in the context of sale of goods.

Legal basis and scope: The duty to inspect and promptly report defects in commercial transactions between merchants is laid down in the Handelsgesetzbuch (HGB), specifically § 377. If a defect is obvious, it must be reported without delay; hidden defects must be communicated within a reasonable time after discovery. In parallel, consumer purchases are governed by the Bürgerliches Gesetzbuch (BGB), which provides the general Gewährleistung (warranty) framework, typically including a two-year prescription period for movable goods, subject to contractual arrangements. The Mängelrüge is thus a procedural step that complements substantive warranty law and is especially significant in B2B relationships.

Procedure and content: A Mängelrüge requires timely submission and a clear description of the defect, enabling the seller to inspect and verify the complaint. The notice is commonly presented in writing and should include identifying information, delivery details, and evidence such as photos or samples when available. Preservation of the goods and documentation supports the timely handling of the claim.

Consequences and limitations: When the notification is timely and adequately described, the seller is typically obliged to remedy, replace, or reduce the purchase price, and to bear related costs. Failure to observe the Rügepflicht can limit or extinguish warranty rights for the defective goods, particularly for non-obvious defects discovered later. The exact application depends on contract terms, the type of transaction, and applicable law.