… you have purchased a product and found defects after the inspection
… you wish to claim warranty for defects from the seller
… you want to complain about a product (a good, a merchandise or a service) as opposed to a work result (in this case use the notice of claim for a defective work)
A notice of defect is a declaration by the buyer of a defective product. It indicates to the seller that the product is suffering from a defect that it does not want to accept. It is the buyer’s responsibility to inspect the purchased product as soon as possible and to report any defects. If the buyer fails to do so, its claims in connection with the warranty for defects will lapse.
In addition, it must be clear to the seller which defects the sold product contains and that the buyer holds it liable for them. For evidence reasons, it is therefore crucial to give written notice of the defects.
In the case of defects, the buyer can alternatively demand a reduction of the purchase price, cancel the purchase or, in the case of the purchase of fungible goods, demand a replacement delivery free of charge.
However, the procedure to be followed in the event of defects is often laid down in the contract or in the seller’s general terms and conditions (including time limits for notification of defects and any restrictions on the buyer’s warranty claims). It makes sense, therefore, to check the sales documentation and examine it for any restrictions.
Create clever contracts today
Discover our contract library with over 100 smart templates in English, German and French.