Guarantee document

Such a document specifies the rights and obligations arising under the guarantee. The importance of this document comes from the fact that offering a guarantee is discretionary and its extent is generally determined by the guarantor. Thus, a guarantee document is useful first of all as a proof of guarantee and its terms.

 

However, it needs to be remembered that a guarantee right does not have to be stated in a document. A guarantee stated e.g. in an advertisement is fully binding as well. In such a case the buyer can nonetheless demand a guarantee document confirming the guarantee that has been offered.

 

An example: A manufacturer advertises its products on its website. Part of the advertisement informs about a guarantee offered by the manufacturer (guarantee terms and conditions are described on the website). The guarantee is effectively granted, even though it is not in writing. A buyer of the product in question can request the manufacturer for a guarantee document (on paper or another durable medium), constituting an additional confirmation of the guarantee. However, the absence of such a document does not mean that the buyer cannot claim their guarantee rights.

 

In the light of the above it would be illegal to reject guarantee claims exclusively on the grounds of a missing guarantee document.