Guarantees and warranties on purchase: what is the difference??

Warranty on the one hand and the warranty or. Liability for material defects on the other hand: Legally speaking, these are two independent claims. In the following, the difference shall be presented and interesting facts about warranties shall be conveyed.

In this article you will find

  • Difference between guarantee and warranty
  • Frequently asked questions about the warranty

Difference between warranty and guarantee

Warranties are always an additional and voluntary performance. Usually the manufacturer of an item gives the guarantee, only occasionally also the seller. The warranty is based on a contract (so-called. warranty conditions) and exists in addition to the statutory rights to which the buyer is entitled in the event of defects. Which services are covered by the warranty, therefore, is determined by the respective Warranty conditions and not from the law.

The claims are – unless otherwise stated in the warranty conditions – to be made against the guarantor, usually the manufacturer. The terms of the warranty can be very different. The term "warranty does not say anything about what exactly a guarantee is assumed for.

On the other hand the Warranty (or. liability for material defects or "defect rights") precisely regulated in the Civil Code. The claims are linked to the existence of a material defect at the time of delivery/transfer of the purchased item. The claims are directed exclusively against the seller, not against the manufacturer of the item. The warranty rights cannot be limited to the detriment of the consumer in the case of the purchase of consumer goods (when a consumer buys something from an entrepreneur).

This means: A warranty always exists only in addition to the legal claims. It has no effect on the legal claims arising from the warranty.

Frequently asked questions about the warranty:

How long does one have warranty on a purchased item?

As this is a voluntary service, the guarantor also determines the duration of the guarantee. The duration is determined solely by the terms of the warranty. The law does not regulate this.

How do you know which services are covered by the warranty??

Entrepreneurs (dealers) may have to provide consumers with. informs about the existence and conditions of warranties. This duty to inform exists both before and after the conclusion of the contract.

The services that are covered by the warranty are regulated in the warranty statement. These must be provided to the consumer on a durable medium, so z.B. also by e-mail.

Often the benefits are limited, for example, to the functionality of individual parts of the product or. The guarantor can also limit the service only to the repair of the purchased item or only to the refund of the purchase price. However, in the case of a durability guarantee (the buyer guarantees a certain quality of the item for a certain period of time), the seller is legally obligated to provide supplementary performance in accordance with the statutory requirements if the item does not retain the guaranteed quality.

Do certain conditions have to be met in the case of a guarantee?

Yes. The guarantee declaration is subject to certain specifications, which are subject to verification. If a manufacturer or. a seller to provide a warranty, the warranty statement must be drafted in a simple and comprehensible manner in accordance with the law. The warranty statement must contain a reference to the legal rights of the consumer. In addition, it must be pointed out that these rights are not restricted by the warranty and that they can be asserted free of charge. It must therefore be clear to the consumer that he or she still has the option of asserting his or her statutory warranty rights in the event of a defect occurring.

In addition, the exact content of the warranty must be stated as well as all information required for the assertion of the warranty, in particular the warranty period and the territorial scope (z. B. Germany-wide, Europe-wide, worldwide, etc.). Furthermore, information must be provided on how the consumer must assert his rights under the warranty contract (e.g., in the event of a defect).B. in what form and within what period after the occurrence of the warranty case the guarantor must be informed.). Finally, the exact name of the guarantor and his address must be stated so that the warranty claims can be pursued by legal action if necessary.

The warranty statement must be made available to the consumer on a durable medium at the latest at the time of delivery of the goods. If the warranty declaration does not meet one or more of the above-mentioned requirements, this does not invalidate the warranty.

If you complain to the seller about a defect, the seller may then refer you to the manufacturer’s warranty?

This is done especially with electronic devices. You must not let yourself be put off in such cases. The legal warranty claims against the seller stand in addition to the additional and voluntary warranty claims of the manufacturer.

Usually one is better off with the legal claims. That is why you should first take the seller to task, and not be referred to the manufacturer.

More on the subject

  • Purchase contracts
  • Liability for material defects

The Free State of Bavaria provides you with independent, science-based consumer protection information on this website.
Unfortunately, we cannot offer individual case-related legal information or personal advice. Also, we are not allowed to warn companies that behave in an anti-competitive manner ourselves.
If there are any remaining questions regarding your specific issue, please contact the contact points listed under Service.

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