Establishing a Defect When the Warranty Is Valid
The vendor is liable for any warranty it issued in accordance with the warranty policy. The vendor is also responsible for the warranty granted by the manufacturer or importer, unless the vendor has specifically stated otherwise prior to the sale.
The liability will be voided, however, if the warrantor can prove that the defect was caused by the buyer, for example in cases of:
- Improper use of the car
- Failure to carry out proper maintenance in accordance with the manufacturer's instructions
- External damage or an accident
During the warranty period, the buyer cannot be required to pay for diagnostics (i.e., measures undertaken to find the fault or defect). This does not apply if the buyer has clearly brought the car in for repair groundlessly, or has caused a fault or defect of which they should have been aware.
Establishing the Presence of a Defect When the Warranty Has Expired
No time limits are set by law for the vendor’s liability for defects. Instead, the period depends on the expected useful life of the car or defective part. In other words, the company’s liability does not end when the warranty period expires.
After the warranty period has expired, the burden shifts to the consumer to prove the existence of a defect for which the company is responsible. If diagnostics prove the car to be free of defects, in most cases the company is entitled to charge the customer a reasonable sum for diagnostics, as long as this has been mentioned or agreed in advance.
