You Might Be Thinking…

“Statutory liability for defects is enough for me.”
Not really. Statutory liability is time-limited and often insufficient for complex and expensive machines. A contractual quality guarantee is a way for the buyer to secure peace of mind and functionality for years to come.

Clients Often Ask Me…

• What is the difference between statutory liability and a contractual guarantee?

• How long can a quality guarantee last?

• What can the guarantee cover – repairs, replacements, service?

• Can it apply even to consumable parts?

• What does a warranty certificate look like in B2B contracts?

Legal Framework in Brief

• § 2113 Civil Code: A guarantee arises from the seller’s declaration that the item will retain certain qualities for a specified period.

• §§ 2114–2115 Civil Code: The guarantee runs from delivery or commissioning.

• It is not mandatory – it must be agreed upon in the contract or a warranty certificate.

• The scope may be modified (e.g. exclusions, specific coverage).

How to Arrange a Guarantee in Practice

1. Define the Scope Clearly

• Repair or replacement of defective parts.

• On-site service.

• Supply of spare parts.

2. Duration of the Guarantee

• Standard: 12–24 months; for machinery often 36–60 months.

• Different periods can be set for different components.

3. Guarantee Conditions

• Regular servicing as per the manual.

• Use of original spare parts.

• Maintenance records.

4. Warranty Certificate

• Not mandatory if agreed in the contract.

• Recommended as a separate document for complex equipment.

Risks and Common Mistakes

• Relying only on statutory rules → insufficient for high-value machines.

• Unclear scope → seller claims the defect is “consumable wear.”

• Too short a guarantee → problems often appear after one year.

• Ignoring service conditions → guarantee may lapse if maintenance isn’t documented.

Lawyer’s Checklist

✔ Define the scope of the guarantee (repairs, replacements, service).
✔ Negotiate a duration appropriate to the machine’s value.
✔ Set clear conditions for validity.
✔ Request a warranty certificate or a clear contract clause.

FAQ

Is a quality guarantee mandatory?
No, it arises only if the seller provides it.

Can different parts have different guarantee periods?
Yes – e.g., 5 years for the frame, 2 years for electronics.

What if the guarantee is not in the contract?
Only statutory liability for defects applies (typically 2 years).

Is a warranty certificate required?
Not always, but it is strongly recommended for expensive machinery.