The following comments refer specifically to the legal situation in the Federal Republic of Germany.
The warranty is a statutory provision and obligates the seller to deliver a product to the buyer which is free of defects in the spirit of §§ 434 et seq. BGB (German Civil Code). If the product is defective, the seller is generally required to repair or replace it (so-called remedy). However, this only applies in the event that the defects complained of were already existent at the time of purchase, but not in the case of defects and signs of wear and tear etc. occurring at a later date, and/or due to the buyer’s own fault.
The warranty period vis-à-vis consumers (§ 13 BGB) is generally 24 months. The rule governing the burden of proof in accordance with § 477 BGB must be observed, according to which it is generally presumed that during the first 12 months of the warranty period the defect already existed at the time of delivery. During the remaining 12 months, the consumer must prove that the defect already existed at the time of delivery.
The warranty period vis-à-vis entrepreneurs (§ 14 BGB) is based on the terms of the respective contract and, in addition, on the applicable statutory provisions. In this case, the rule concerning the burden of proof does not apply so that in principle, the entrepreneur must prove that the defect already existed at the time of delivery.
Goods and services provided by Gossen Metrawatt GmbH are only sold to businesses (b2b), because such equipment and services cannot, as a rule, be used by consumers (b2c). The binding contractual provisions, in particular regarding Gossen Metrawatt’s quality, liability and warranty, are governed by the individual contract concluded with you or the respectively applicable General Terms and Conditions (GTC). Valid legal requirements apply as well.
Revision level: December 2022