- START – buyer’s rights
- Article 560 § 3 of the Civil Code
- Basis for liability for defects
- Buyer’s warranty rights
- Civil Code
- Claims for compensation
- Consumer’s rights act
- Consumer sales – consequences of non-response to the consumer’s claims
- Consumer sales – extended notion of sold item’s non-compliance with the contract
- Consumer sales – limitation of the seller’s freedom of choice
- Consumer sales – period of prescription
- Consumer sales – presumption of the defect’s existence upon transferring the risk to the buyer
- Costs incurred by the consumer withdrawing from the contract
- Cost of removal and reinstallation in consumer sales
- Distance contracts
- Guarantee document
- Guarantee statement
- Improper performance of the contract
- Legal defects
- Major defect
- Minor defect
- Non-performance of the contract
- Obligations of a trader buyer
- Off-premises contracts
- Physical defects
- Price reduction
- Quality guarantee
- Refunds (upon withdrawal from a distance contract or an off-premises contract)
- Repair or replacement of an item
- Returning an item (upon withdrawal from a distance contract or an off-premises contract)
- Time limits – warranty
- Time limit for withdrawal from the contract – distance sales and off-premises sales
- Withdrawal from a distance contract or an off-premises contract
- Withdrawal from the contract
- Withdrawal statement form
Repair or replacement of an item
The seller should satisfy the buyer’s claim within reasonable time and without causing any excessive trouble to the buyer.
The buyer can freely determine whether they are interested in having the item replaced or repaired. The seller cannot challenge the buyer’s choice. However, the seller can refuse to satisfy the buyer’s claim if it cannot be satisfied (e.g. if the item is damaged beyond repair or is no longer manufactured) or if it is economically unreasonable (e.g. if the cost of repair is greater than the cost of replacement, or if the cost of repair or replacement exceeds the item’s price).
If a defective item has been installed, the buyer may demand that the seller removes it and then installs again after repair or replacement. If the seller fails to do so, the buyer has the right to carry out those operations at the risk and expense of the seller. The seller has the right to refuse to remove and then reinstall the item if the cost of those operations exceeds the value of the item. Alternative rules apply to consumer sales.
When exercising their warranty rights, the buyer should deliver the item to the seller, to the place where they originally collected it (unless the contract specifies a different place). However, if the type of the item or the method of its installation makes such delivery excessively burdensome for the buyer, the buyer should merely make the item accessible to the seller in its current location. This means that in a situation like that it is the seller who is obliged to travel in order to repair or collect the item.
All costs associated with exercising the buyer’s warranty rights are borne by the seller. In particular, this includes: - the cost of delivery the item for replacement or repair; - the cost of the seller’s travel to the item’s current location; - the cost of removal, labor and materials; - the cost of reinstallation and recommissioning.