Rights and obligations of defective performance

Rights and obligations of defective performance Received merchandise that presents deficiencies (for instance, does not have the negotiated or rightful properties, is not suitable for typical or negotiated purposes, is not complete, its quantity, dimensions, weight, or quality do not correspond, or the quality does not correspond to other legal, contractual, or pre-contractual parameters), is considered defective merchandise for which the seller is responsible. The buyer may claim to the seller (no later than 14 days from receipt of the goods) at their request free elimination of the defect or a reasonable discount from the price; if not disproportionate to the nature of the defect (particularly if the defect cannot be eliminated without undue delay) a request for the delivery of a new, non-defective item or part (if the defect is related solely to this part) may be applied. If a repair or exchange of the merchandise is not possible, the buyer may request a refund of the full purchase price based on a withdrawal from the contract. It is assumed that the defect of the merchandise existed prior to the acceptance of the merchandise within one month of receipt of the goods. The seller is not obligated to comply with the buyer’s demands if they prove that the buyer knew about the defect or caused it prior to receipt of the merchandise. For used merchandise on sale, the seller is not responsible for defects corresponding to the degree use or wear. For merchandise sold at discounted prices, the seller is not responsible for defects for which the reduced price was negotiated. In these cases, the buyer is entitled to a proportionate discount instead of an exchange.

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