Warranty by installing company?
August 18, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
In December 08, we had a new computer system installed in our medical practice by a contracted company. No further support or maintenance contract was signed.
Now, a material defect has occurred, which later turned out to be covered by warranty. The device has since been returned to the manufacturer by the company. However, costs have already been incurred up to this point (inspection, rental device, travel expenses), which are now being invoiced to us by the "installing company" because there is no separate support contract.
Do we have to pay for these costs?
Kind regards
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions as follows, taking into account the facts you have provided and your commitment:
As I understand the situation, this appears to be a case of a warranty/guarantee issue, as the company you hired has delivered defective goods to you.
You have asserted your right to remedy under § 439 of the German Civil Code or the warranty. § 439 para. 2 BGB stipulates that the seller is responsible for the expenses necessary for the remedy, including transport, travel, labor, and material costs.
Accordingly, you should reject the invoice with reference to this provision. It cannot be acceptable for the company to deliver defective goods to you and then pass on the costs of fixing the defects to you.
I hope I have provided you with some initial legal guidance and wish you success and all the best!
Finally, 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. Adding or omitting relevant information could lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me through my email address or the follow-up option.
Wishing you a pleasant Tuesday evening!
Best regards,
Dipl. Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
