Responsibility for material defects
Pursuant to the Consumer Protection Act, the provisions of the Obligations Act (OG 35/05, 41/08, 125/11, 78/15) apply to the relationship between the consumer (end-user) and Heder doo, in the event of a material defect. liability for material defects.
The seller is responsible for the material defects of the things that she had at the time of passing the risk to the buyer, whether or not he knew it.
The seller is also responsible for any material defects that occur after the risk has passed to the buyer if they are due to a cause that existed before.
It is presumed that the defect that occurred within six months of the risk transfer had existed at the time of the risk transfer, unless the seller proves otherwise or otherwise from the nature of the thing or the nature of the deficiency.
When there are material defects
The disadvantage is:
- if the property does not have the required properties for its regular use or for its traffic,
- if the item does not have the special-purpose properties for which the buyer is acquiring it, which was known to or required to be known to the seller,
- if the thing does not have the characteristics and qualities that are explicitly or tacitly contracted or prescribed,
- when the seller has submitted an item that is not the same as the sample or model, unless the sample or model is shown for informational purposes only,
- if the item does not have properties that otherwise exist with other items of the same type and which the buyer could reasonably expect according to the nature of the item, especially taking into account the public statements of the sellers, manufacturers and their representatives about the properties of the item (advertisements, item labeling, etc.),
- if the item is improperly mounted, provided that the installation service is included in the fulfillment of the sales contract,
- if incorrect assembly is due to defects in the assembly instructions.
If the buyer, on the basis of statements made by the manufacturer or his representative, expected the existence of certain characteristics of the item, the defect shall not be taken into account if the seller did not know or need to know about these statements, or whether these statements were refuted by the time the contract was concluded or did not affect the buyer's decision. to enter into a contract.
The manufacturer, in terms of liability for material defects and guarantees for the correctness of the thing sold, is the manufacturer of the thing, the importer of the thing and any other person who presents himself as the manufacturer by affixing his name or name, trademark or other mark to the thing.
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