Warranty Statement
In sales law, a declaration of guarantee is the statement made by the seller, the manufacturer or a third party with whom the buyer is granted a guarantee .
In principle, declarations of guarantee do not require any special form and can also be given implicitly . However, on the basis of Art. 6 (PDF) VerbrGKRL, special provisions for the purchase of consumer goods have been introduced in the European Union in order to protect consumers from being misled. Thereafter, the buyer is to be informed that the guarantee does not affect the statutory warranty claims . The declaration must contain the content of the guarantee and the essential information that is necessary to claim the guarantee, in particular the duration and spatial scope of the guarantee protection as well as the name and address of the guarantor. It is also easy to understand and must be sent to the consumer in text form on request . In Germany the guideline was implemented with § 477 BGB , in Austria with § 9b KSchG .
Violations of the formal requirements do not affect the validity of the guarantee under any circumstances, but this can be a violation of competition law (in Germany § 3 UWG ).
In practice, guarantee declarations from the manufacturer are often enclosed with the purchased item in the form of a guarantee certificate or a so-called guarantee certificate.
literature
- Palandt , 67th edition, Munich 2008, §§ 443, 477 BGB ( ISBN 978-3-406-56591-5 ).
- Othmar Jauernig: Commentary on the Civil Code. , 12th edition Munich 2007, §§ 443, 477 ( ISBN 978-3-406-55819-1 ).
