Teilmängeln

Teilmängeln is a term used in German contract and consumer law to describe defects that affect only part of a delivered item or service. It is commonly encountered in sales, procurement, and construction when multiple components or partial deliveries are involved. The central idea is that the defective portion can be separated from the rest of the item without rendering the entire delivery unusable.

Whether a defect qualifies as a Teilmängeln depends on whether the defective portion can be isolated and repaired or replaced without undermining the function or value of the whole item. If the defects are localized and the remaining components function normally, the deficiency is usually treated as a Teilmängeln rather than a Gesamtmangel (total defect). The classification influences the available remedies and the urgency of cure.

Remedies under defect liability typically include repair of the defective part, replacement with a non-defective part, price reduction, or—in cases where the defect is substantial or incurable—rescission of the contract for the whole item. The exact remedy and its scope depend on the contract terms and the governing law, including any warranty provisions.

Procedural notes are important: buyers should inspect on delivery, promptly notify the seller of defects, and allow a reasonable time for cure. For latent defects, notification must occur within the applicable warranty or contractual periods. Documentation of the defect and communications with the seller aids in defining whether the issue is treated as a Teilmängeln.

Examples of Teilmängeln include a consumer electronics device with a defective speaker while other functions work, a car with a faulty sensor in one subsystem, or a construction component that is defective while the rest of the project is unaffected.