You Might Be Thinking…

“As long as the item works, the details don’t matter.”
But legally, it’s not that simple. Incorrect quality, missing workmanship, or improper packaging can mean defective performance – with consequences ranging from a warranty claim to withdrawal from the contract.

Clients Often Ask Me…

• What if the contract doesn’t specify quality or workmanship?

• How does it work if a sample or model was agreed upon?

• Is packaging part of the seller’s obligation?

• What if packaging is missing and the item is damaged during transport?

• Are there special rules for packaging in international trade?

Legal Framework in Brief

• Section 2095 Civil Code: The seller must deliver goods in the agreed quantity, quality, and workmanship.

  • If not agreed, the goods must fit the intended contractual purpose, otherwise the usual purpose.

• Section 2096 Civil Code: If quality/workmanship is determined by a sample or model, the goods must comply with both the contract and the sample.

• Section 2097 Civil Code: If packaging isn’t agreed, the seller must pack goods according to trade practices or in a way that ensures preservation and protection during transport.

Practical Examples

1. Unspecified Quality

• Buyer orders “steel profiles” → seller must deliver standard quality suitable for normal use.

2. Sample vs. Contract

• If the contractual description and sample differ, strict interpretation applies: the goods must comply with both.

3. Packaging

• Electronics require protective packaging.

• Food must be packaged according to hygiene standards.

• Export shipments must comply with international rules (e.g., ISPM 15 for wood).

Risks and Common Mistakes

• Vague contract descriptions → harder to prove defects.

• Missing packaging → seller may claim damage was due to inadequate protection.

• Conflict between sample and delivery → automatically considered a defect.

• Ignoring export requirements → goods held by customs.

Lawyer’s Checklist

✔ Describe quality and workmanship in detail in the contract.
✔ If a sample is used, reference it explicitly.
✔ Specify packaging requirements clearly.
✔ Define who bears the cost of special packaging.

FAQ

What if the delivered goods don’t match the sample?
The buyer may claim a defect – request repair, replacement, discount, or withdraw from the contract.

Does packaging always form part of delivery?
Yes, if it is necessary for preservation or transport.

What if packaging isn’t specified?
The seller must use the customary method or the one necessary for proper protection.