Statutory Warranty (Gewährleistung)
The seller's or contractor's statutory liability for defects in the delivered goods or completed work.
Statutory warranty (Gewährleistung) refers to the seller's or contractor's legal liability for the delivered goods or completed work being free of defects at the time of handover. It applies regardless of any additional promise made and follows directly from the law.
For movable goods, the statutory warranty period is generally two years from delivery, as set out in Section 438 BGB. Within this period, the buyer can rely on their statutory rights if a defect occurs.
Under Section 437 BGB, the buyer has several rights in the case of a defect: first, subsequent performance, meaning repair or replacement. If that fails, withdrawal from the contract, a price reduction, or damages come into consideration.
Statutory warranty must be distinguished from a voluntary guarantee. A guarantee is an additional, voluntary promise by the manufacturer or seller that may go beyond statutory claims, but does not have to, and supplements rather than replaces statutory warranty.
Practical Example
A company buys a used machine tool. Eight months after delivery, a component fails that was already defective at handover. Within the two-year warranty period, the company can claim subsequent performance, regardless of whether the seller additionally granted a guarantee.
How Leanshift Helps
A clear understanding of warranty protects companies from letting legitimate claims lapse unused. For Leanshift, solid commercial fundamentals are as much a part of developing a business as optimizing its processes.
Frequently Asked Questions
How long does the statutory warranty period last for movable goods?
Generally two years from delivery of the goods, unless a different statutory rule applies.
What is the difference between statutory warranty and a guarantee?
Statutory warranty is a legal obligation, while a guarantee is a voluntary additional promise made by the manufacturer or seller.
Which right does the buyer have first in case of a defect?
Generally subsequent performance first, meaning repair or replacement, before further rights such as withdrawal or a price reduction come into play.