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Warranty claims for customized products and services

Quelle: AMATIN AG, 2021

After being handed out a customized product (“Werkvertrag”), it is essential to check for deficiencies and to notify deficiencies right away.

The work, for example a new kitchen or a tailor-made dress, is finished. One should be aware of one’s obligations at this point.

After the work has been handed over, the buyer must inspect the work for defects. The inspection should be carried out as soon as possible. The law does not give a fixed time limit, as the time period varies greatly depending on the circumstances.

If a defect is found during the inspection, it must be reported to the creator of the work within a few days. Waiting more than seven days is only permissible in exceptional cases.

If the customer allows one of these periods to elapse, the work shall be deemed to have been tacitly approved. In this case, the customer no longer has the possibility to complain about defects which he could have asserted if he had inspected the work or given notice of defects in due time.

If a work has defects which were not found during the inspection (so-called hidden defects), these must be notified immediately after their discovery. Hidden defects may be claimed for two years after handover in the case of movable goods and for five years in the case of immovable goods.

AMATIN AG  Rechtsanwälte  │  Attorneys at Law  │  Conseiller Juridiques/Avocats

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