Guarantee in Marketing

A commercial  warranty  has to be a clear benefit in addition to the defect liability based in legislation. A warranty of a consumer product generally is so called functional guarantee, where the seller is liable if a defect appears within the warranty period. The seller avoids liability only in case the seller can prove that the defect is due to accident, mishandling or other fault of the consumer. The warranty has to be given to the consumer personally in writing or electronically at the latest at the time of the delivery of the goods so that the terms and conditions cannot be changed and so that the buyer can save and reproduce them unchanged.

The warranty certificate must include the following information:

1) the name and address of the warrantor;

2) the goods covered by the warranty;

3) the terms of the warranty;

4) Proceedings that the buyer must follow to exercise the rights under the warranty;

5) Clear statement that the buyer has statutory rights and that the warranty does not restrict these rights. 

Buyer has the right to resort to the warranty even if it does not fullfill these requirements.