On this page, we provide you with an overview of the most important aspects of a Notice of Defects for Work and Services in Switzerland, including the elements to be taken into account when drawing up the document.
Subsequently, we will provide you with a legally compliant template of a Notice of Defects for Work and Services under Swiss law.
… you have ordered the manufacture of a work and the delivered work does not meet or deviates from the specifications agreed with the manufacturer
… you have commissioned the execution of certain works (for example repair works) and the delivered work results show defects
… you wish to claim warranty for defects from the manufacturer (contractor)
… you want to complain about the result of works as opposed to a product such as a good, a merchandise or a service (in this case use the notice of claim for a defective product)
A notice of defect is a declaration by the customer of defective works. The customer indicates to the contractor after delivery or receipt of the work results that they are suffering from defects which the customer does not accept. It is the responsibility of the customer to inspect the work results as soon as possible and to give notice of any defects. Failure by the customer to do so results in forfeiture of its claims in connection with the warranty for defects.
In addition, it must be clear to the contractor which defects the works contain, and that the customer holds it liable for them. For evidence reasons it is therefore crucial to give written notice of the defects.
In the event of defects, the customer may alternatively demand a price reduction, rescind the contract (but not in the case of construction works) or demand that the defects be remedied free of charge.
However, in the case of defects the procedure is often laid down in the contract or in the general terms and conditions of the manufacturer (including time limits for notification of defects and any restrictions on the customer’s warranty claims). It makes sense, therefore, to check the contractual documentation and examine it for any restrictions.
Please create a free account and log in to your Approovd account. You can start creating the document you want and, only when you are convinced of its quality, you can choose the appropriate subscription.
All our templates have been checked and validated by renowned Swiss lawyers. They are constantly updated according to legal practice.
Buy the documents you need and create your account
Answer questions with the help of virtual assistance and create your contracts in minutes
Download your contracts as Word or PDF. Get help from a lawyer if needed
Create clever contracts today
Discover our contract library with over 200 smart templates in English, German and French.
