In case of defective performance, the buyer has the following rights:
- If it is possible to repair the defective goods, the buyer has the right to repair the defective goods
- If the repair of defective goods is not possible, the buyer has the right to deliver a replacement perfect goods
In the event of any claim for defective performance, the buyer is obliged to make a claim in writing, state what defect of the goods is claimed (either a description of the defect or a description of its manifestations) and at the same time send the claim to the seller. If he fails to do so, he does not have any of the rights from the defective performance. All defects, both obvious and hidden, can be claimed by the buyer no later than 24 months from the date of delivery of the goods, and if he does not do so, none of the rights arising from the defective performance belongs to him.
The buyer’s rights from defective performance apply both to cases where the defective performance will be a material breach of the purchase contract, and to cases where the breach will be insignificant.
In other cases, the rights and obligations of the parties to defective performance are governed by the provisions of the Civil Code.