The product must correspond to what was agreed and to what can reasonably be expected of the product. However, a fault occurring in the product does not automatically mean that it is a defect covered by the seller's liability for defects.

Liability for defects is independent of the warranty, and the warranty does not limit liability for defects. Liability for defects may also apply when the product has no warranty, the fault is not covered by the warranty, or the warranty period has expired.

The duration of liability for defects is assessed based on the expected service life of the product or the broken component. The applicability of liability for defects and whether the product is defective are always assessed on a case-by-case basis.

Frequently asked questions about liability for defects

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

A warranty is a voluntary additional benefit, whereas liability for defects is based on law. A warranty does not limit statutory liability for defects.

When can a product be defective?

A product may be defective, for example, if it does not correspond to what was agreed or to what can reasonably be expected of the product. A product breaking down too early in relation to its expected service life may also constitute a defect.

However, a fault occurring in a product does not automatically mean that it is a defect covered by liability for defects. The matter is always assessed on a case-by-case basis.

Is every fault in a product covered by liability for defects?

No. Liability for defects does not, as a rule, cover faults or damage resulting from:

• normal wear and tear of the product or a component
• incorrect handling of the product
• failure to follow the instructions for use or care
• an accident occurring after the product was handed over.

The applicability of liability for defects is always assessed on a case-by-case basis.

How is it determined whether a product is defective?

If it is unclear whether a fault occurring in the product is covered by liability for defects, the matter is assessed on a case-by-case basis.

How is a defect in the product remedied?

If the product is found to have a defect covered by the seller's liability for defects, the defect is primarily remedied by repairing the product or replacing it with a defect-free product. The method of remedy is determined according to the situation.

Can an inspection of the product result in costs?

If an inspection determines that the product does not have a defect covered by the seller's liability for defects, a charge may, depending on the situation, be made for the inspection, servicing or other costs incurred.

For example, damage caused by the customer is not, as a rule, covered by the seller's liability for defects.