When is a purchased item considered defective?
The seller must deliver a thing free of material and legal defects. A thing is defect-free if it is of the agreed quality, and where quality is undefined, if it is fit for the use envisaged by the contract or customary use.
What can I claim for a defective item?
The seller must either cure the defect or, for a generic thing, replace it within the necessary period, and reimburse the necessary expenses. For a material defect the buyer may demand termination of the contract and reimbursement of expenses.
How does the price reduction claim work?
Where the buyer demands neither cure nor replacement after the period given to the seller expires, nor termination, the buyer may demand a price reduction by the amount necessary to cure the defect, measured against the price at the moment of conclusion.
What role does the fitness period play?
Where the seller determines a fitness period, defects revealed within it are presumed to give the buyer the right to claim.
What if curing is too expensive for the seller?
The seller may refuse cure or replacement where it requires disproportionately large expenses. In that case the buyer's realistic routes are price reduction or termination of the contract.
