breeding hobby
October 11, 2010 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I have a small hobby cat breeding business. 8 months ago, I took over two pregnant cats from a breeder who was in a difficult situation and unable to care for them. We agreed in writing that the expenses for raising, feeding, veterinary care, etc. would be deducted from the proceeds after the kittens are sold. I am now at the point of calculating these expenses. The documented costs are listed. However, what is the charge for 8 months of loving care around the clock for two litters?
My main question, however, is: as the seller of the kittens, I am required to provide a two-year warranty. Do you recommend that I retain the right to withhold payment during this time?
Yours faithfully
Dear advice seeker,
Thank you for your inquiry, which I would like to answer as follows:
There is a difference between a statutory warranty (sections 434 et seq. of the German Civil Code) and a guarantee. A guarantee is an independent contractual promise. Normally, the guarantee is given in the form of a durability guarantee.
The difference between a guarantee and a warranty is that with a warranty, the buyer must generally prove that the purchased item was defective at the time of delivery or had at least one defect. With a guarantee, it is the opposite. Although I have not seen the purchase contract, based on your description, I do not believe that an independent guarantee was agreed upon, but rather that it concerns statutory warranty.
Therefore, the buyer has two years to prove (cf. section 438 of the German Civil Code) that a defect - if a defect indeed exists in a legal sense - was present at the time of the delivery of the purchased item. A right to withhold payment in relation to warranty rights, for example, subsequent performance according to section 439 of the German Civil Code, could be claimed according to section 320 of the German Civil Code if the other party does not fulfill their obligations, such as payment of the purchase price.
The question of the amount you can claim for care is not regulated by law. According to case law, you have a right to reimbursement of expenses, which is based on the usual hourly rate for such activities if you normally offer these services for a fee. This does not seem to be the case for you, as you mentioned it is a hobby. In this case, the actual financial expenses, such as food, medicine, and the like, would be reimbursable, but not the time spent.
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me via my email address or the follow-up option.
I wish you a pleasant Monday morning and a good start to the week!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax.0471/140244
