What is a warranty?

What does the term warranty mean and what is the compliance principle? In any case, the issues that are important to every seller to know.


Briefly keeps guarantee that a product has a defect free is made or (if that is not possible) is reimbursed. In addition, in the Civil Code (Article 6a, paragraph 5 BW7) defined the term guarantee as "an undertaking in a warranty or advertising." This means that advertisements are therefore guaranteed. And it makes no difference whether made orally or black face on white. There must, of course, be able to be proved in such a case that they are done. Assurance can be given either by the seller (the supplier of the consumer) and by the manufacturer of the product. Usually, the latter is the case. Who runs through the guarantee commitments from retailers, sees that it usually is not more than the promise that is given warranty. Arises a defect for, the manufacturer belongs to ensure that this is rectified during the warranty period. During the warranty applies, if something does go broke in that period, the burden of proof lies with the guarantor. Which can have for example not make as saying "it's broken because you have run throwing stuff." Stuff claim is easy, but there will still be proven in this case that the fault really lies with the buyer. The guarantor can’t do that, coming recovery cost. 24Licenses guarantees that the delivered goods meet the usual requirements and standards that can be made and are free from any defects.


In practice therefore a guarantee usually a 'no-quibble' period in. But even though getting a buyer no guarantee for a new product (and basically that is possible), then he has rights. First there is the so-called conformity principle, regulated in Article 17, paragraph 2 DCC 7. This implies that a product must meet the expectations that can be asked reasonably. To cite a few examples: a cream should not sour when leaving the store, a television must be able to show in a proper way television and a washing machine which the seller claimed that it would bring surely ten years, should not be defective after three years. Even if then now the warranty has already expired.

First half year

The conformity principle is immediately brought to a first mandatory period by the legislature, which is six months (Article 18, paragraph 2 BW7). When a product becomes defective within six months after delivery, then one assumes that this lack from the outset has been present so that they therefore constitute a nonconformity. In that case, the seller must fix it, except of course if it can prove for example, that the defect is caused by fault of the buyer.

For complaints to the seller

Is there something wrong with what you have bought, then a consumer complaints should be with his supplier, because that is the one with which he has signed the purchase agreement. If there is warranty, many shopkeepers refer problems to the manufacturer. In itself this need not be any objection, because usually such things which handles well. But if the consumer is therefore not satisfied, he can always appeal to the retailer. For priority remains that, if something is not working properly, as the seller of the product is responsible for resolving problems. He faded stuff to others sent for repair, it is not important to its customers. Having only to do with him. Cost-free repairs When the purchased product contains a defect, the seller is obliged to repair free of charge. This is independent of whether there is or isn’t a guarantee. He can also replace the product if repairing can’t reasonably be required. Brings foregoing costs involved, these are borne by the seller. This applies to all costs, including for example the postage paid by the buyer if he should send the defective product for repair. This is known as consequential. If repair or replacement is not possible, the buyer may terminate the contract. That is, the seller must take back the purchased goods against refund of the purchase price. Condition is of course that the defect was not caused by the fault of the user. These matters are governed by Articles 21 and 22