warranty case
September 6, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
I purchased a PC in November 2007, which has been sent for repair to the dealer (EP Partner) twice due to a faulty graphics card during the two-year warranty period, which is still valid until November 2009, and now a third time due to another defect. The manufacturer of my PC (LEO) has reportedly gone bankrupt, according to my dealer.
So far, the dealer has not charged anything for the repairs. However, the PC was in repair for a total of 8 weeks. Can I extend the warranty period by the time it was in repair?
I have heard that under certain conditions, it is possible to cancel the purchase contract. How much percentage of the original price would I be entitled to, and is it possible, as this time the defect is not related to the graphics card?
Thank you for your response.
Sincerely,
Birgitt Thumm
Dear questioner,
Regarding your questions:
1. Can I actually extend the repair time to the warranty period?
Basically, no. An extension of the warranty obligation is not provided for in the law. In fact, the buyer can demand compensation for the loss of use that arises from repair time. However, a damage must have actually occurred. This regulation is intended to compensate for the loss of use, which is why an extension of the warranty periods is not provided for.
2. Withdrawal is indeed provided for in warranty law. The consequence would be that you would have to return the device, and in return you would receive the purchase price minus depreciation. I cannot answer how high the depreciation would be from here. However, since computer hardware develops quite rapidly, I estimate that the depreciation would not be insignificant.
The prerequisite for withdrawal is that there is a defect in the device. If you purchased the computer "in one piece", then it does not matter where the defect occurred. You must also have given the seller two opportunities for rectification/replacement. According to your information, this was the case. Therefore, you should generally still be able to declare withdrawal.
The fact that the manufacturer no longer exists is irrelevant. The seller is liable, not the manufacturer.
The burden of proof is problematic in your case. During the first six months, it is legally presumed that the defect was already present when the device was handed over to you. If a defect occurs after this period, you are generally burdened with proving that the defect was already present at the time of handover. This proof is difficult to provide, especially with electronic devices, so the theoretically legally available option of withdrawal is practically very limited. And even if the seller did not want to engage in a proof dispute, you would still have to expect a significant loss in value in case of unwinding. You would probably receive more when selling (e.g. on eBay) than when exercising your right of withdrawal.
I hope I was able to help you further. If you have any questions, feel free to ask.
Best regards,
Andreas Scholz, Attorney
