The following comments refer specifically to the legal situation in the Federal Republic of Germany.
The warranty under sales law 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 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 instruments and services are not intended for consumers (b2c), in particular due to regulatory requirements. The binding contractual provisions, in particular regarding Gossen Metrawatt’s quality, liability and warranty, are governed by the individual contract concluded with the contractual party or the General Terms and Conditions (GTC) ) of Gossen Metrawatt GmbH. In addition, the applicable legal requirements apply.
Revision level: February 2025