International trade /

Statutory warranty between professionals

Statutory warranty is a civil law institution that applies to goods, which are subject of a sale contract. The core of statutory warranty is the responsibility of the seller for defects in the goods sold to buyer. As such, seller is responsible for physical and legal defects of sold goods. In case of revealing the defects after purchase, the buyer obtains several legal measures provided by Polish civil law in order to protect his interest (including inter alia declaration of price reduction or even declaration of withdrawal from the contract). However, there are some specific restrictions imposed on application of the institution of statutory warranty between the professionals.

Deadline for warranty claim between the entrepreneurs

The possibility of application the institution of statutory warranty between professionals is significantly limited in time. The provisions of Polish civil law state, that in trade between entrepreneurs, buyer loses his warranty rights if he will not examine delivered goods in a time and in a manner widely accepted in such kind of contracts. Moreover, the buyer is also obliged to make immediate notification to the seller about the revealed defects.

The above means, that between entrepreneurs, the buyer is obliged to immediately verify the purchased goods. This circumstance is particularly important in situations when the buyer purchase the goods and is able to verify them after delivery. Moreover, the buyer is also obliged to immediate notification about revealed defects to the seller. According to current case law, the deadline for reporting the defects may be only a few days from the date of receipt the delivered goods.

The nature of deadline for warranty claim between entrepreneurs

The term for reporting the defects is interpreted very strictly. The deadline cannot be restored. After its expiration the buyer is no longer able to effectively enforce his rights under the provisions of statutory warranty.

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