You Might Be Thinking…

“A warranty is always two years.”
Not true. The two-year period applies to statutory rights against defects in consumer sales. The warranty of quality is something extra – and its duration is set by the party granting it (manufacturer, seller, supplier).

Clients Often Ask Me…

• What is the difference between liability for defects and warranty?

• When does a warranty arise? Does it have to be in writing?

• What rights does a warranty give me?

• What if an ad promises more than the warranty card?

• How long does the warranty period run, and when is it extended?

Legal Framework in Brief

• Section 2113 Civil Code: A warranty arises from a declaration by the provider (warranty card, advertisement, packaging).

• Section 2114 Civil Code: If a warranty period is stated, the buyer has at least the right to repair or replacement.

• Section 2115 Civil Code: The warranty period runs from handover of the item (or from installation if provided for).

• Sections 2116–2117 Civil Code: Warranty does not cover defects caused by external events, and defects must be reported within the warranty period.

Practical Examples

1. Advertisement vs. Warranty Card

A manufacturer advertises a “5-year warranty,” but the warranty card says only 2 years. → The buyer is entitled to the longer 5 years (§ 2113/2).

2. Installation of a Product

Air conditioning is delivered in March but installed by a professional in April. → The warranty period runs from April (§ 2115).

3. Warranty vs. Liability

The seller grants a 1-year warranty on a refurbished machine. But statutory liability for defects under the Civil Code (e.g., hidden defects) still applies.

Comparison Table

Risks and Common Mistakes

• Mixing up concepts: consumers often think warranty = statutory rights.

• Unfavorable warranty card: shorter than promised in advertising – buyer is entitled to the longer period.

• Assuming warranty covers everything: it does not cover misuse or external damage.

• Failure to report in time: warranty rights must be claimed within the period.

Lawyer’s Checklist

✔ Always keep the warranty card and any advertising (leaflets, screenshots).
✔ For installations, insist on written confirmation of the date.
✔ Report defects covered by warranty promptly.
✔ Don’t confuse statutory rights with contractual warranty.

FAQ

Does a warranty have to be in writing?
No – even advertising or packaging statements are binding.

What if the warranty card differs from the advertisement?
The buyer is entitled to the more favorable terms.

Can a warranty cover services as well?
Yes, for example service warranties or guarantees for installation.