Buyer’s warranty rights

The buyer first of all has the right to demand that  the item is repaired or replaced with a defect-free one.

 

The buyer can also exercise more radical rights (without being obliged to first demand repair or replacement), involving: -  price reduction, -  withdrawal from the contract.

The choice of the right to be exercised is with the buyer. However, the buyer cannot withdraw from the contract in the case of a minor defect. On the other hand, in the case of  major defects the seller cannot challenge the buyer’s choice.

 

An example: If a purchased car has a defect consisting of a serious engine malfunction, the buyer can freely choose whether to ask for price reduction or to withdraw from the contract. However, if the defect is a small scratch on the paintwork, then the buyer cannot withdraw from the contract and can only make a statement on price reduction.

 

In the case of consumer sales the seller is obliged to respond to the consumer’s claims within 14 days. Failure to observe that time limit causes a number of adverse  consequences for the seller.

 

Warranty liability is subject to  time limits specified in the  Civil Code.

 

If the buyer exercises their warranty rights, they can additionally make  claims for compensation.

 

The  Civil Code allows for contractual extension, limitation or even waiving of  warranty liability. However, such waiving or limitation is ineffective in the case of fraudulent non-disclosure of a defect to the buyer.

 

Waiving or limitation of warranty liability is inadmissible in the case of consumer sales, unless a given regulation explicitly allows it. An example of such voluntary limitation is the possibility to shorten the time limit of the seller’s liability in the case of second-hand items. The seller may limit their liability for defects in a second-hand item to 1 year after issuing it to the consumer.