If the warranty is valid
The vendor is liable for defects in the goods in accordance with the stated terms of the warranty. 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 party granting the warranty is liable at its own expense to provide compensation for defects arising during the warranty period. The liability is voided, however, if the warrantor can prove that the defect was caused by the buyer, as, for example, in the case of:
- improper use of the goods
- failure to carry out proper maintenance in accordance with maintenance instructions
- external damage or accident
During the warranty period, the consumer cannot be required to pay for diagnostics (i.e. finding the fault or defect). This does not apply if the buyer has clearly brought the goods in for repair groundlessly or has caused the fault or defect.
If there is no warranty or 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 product or defective part. In other words, the company’s liability does not end with the expiry of the warranty period.
When no warranty has been given or it has expired, the buyer is usually expected to prove the defect or fault in the product. It is not necessary for the consumer to provide a highly detailed report of the causes of the defect or fault, however, especially in the case of complex technical equipment.
This obligation of proof is mitigated by the fact that a product is considered to be defective if a fault or defect arises significantly before the end of the normal useful life of the product or part, and the vendor is unable to provide information to support the claim that the defect was caused by the buyer or by another factor independent of the buyer.
The vendor is not liable for compensation if the fault is due to ordinary wear and tear, accident or misuse.
Usually it is possible to charge the customer a reasonable sum for diagnostics, as long as this has been mentioned or agreed in advance. The consumer has the right to receive a written report on the diagnosed faults and how much they will cost to repair.