Lieutenant Frank Bullitt is angry, really angry. His new Fastback doesn't have enough power, he can easily overtake dark green VW Beetles, he hardly has a chance against Dodge Charger R/T, the 4-speed gearbox sometimes goes on strike, can only be shifted up 16 times in a row and the special paint "Highland Green" has blisters and runnings.
The prosecutor Walter Chalmers asked for advice, talks about legal warranty, while his detective sergeants Delgetti and Stanton tell him something about warranty and his girlfriend Cathy thinks that the car is surely covered by goodwill.
Therefore calls Lt. Bullitt better check in with Eric Lassard at the Police Academy to have the differences explained:
Warranty gives the buyer legal claims against the seller. Prerequisite is a contract of sale, a defect of the goods as well as no exclusion of warranty.
The contract of sale can in principle be concluded without any formalities, i.E. It does not have to be in writing. Verbal in direct conversation or on the phone, by e-mail or with internet forms is also effective. The content of the contract is the obligation of the seller to hand over the purchased item to the buyer and to provide him with ownership of it. The buyer is obliged to pay the purchase price to the seller and to take delivery of the item.
Defectiveness of the product is given in case of a material defect or a defect of title. A certain characteristic of the goods was agreed upon, which is then not present or the goods are not suitable for the purpose assumed according to the contract or the goods do not meet the usual, normal standards of quality and usability. Recently, a defect also exists if the contract stipulates that the assembly is to be carried out by the seller or his agent and is then carried out defectively. It is the same if the buyer assembles himself and the assembly instructions are faulty, sog. IKEA clause. Finally, the warranty also applies if the seller delivers a different item or too small a quantity of the purchased item.
Exclusion of warranty exists if the buyer is aware of the defect at the time of conclusion of the contract. An agreed exclusion is also conceivable, but not in the case of the purchase of consumer goods. Legislation prohibits the conclusion of such agreements that exclude or excessively restrict consumer rights from the outset. The statutory limitation period cannot be reduced below two years for new items and below one year for used items, and the warranty claims to which the buyer is entitled cannot be excluded or limited either.
When buying movable property among private individuals, a restriction or. An exclusion of the warranty is possible. But the exclusion of warranty, which is permissible in itself, is always ineffective if the seller has fraudulently concealed a defect or if the seller has assumed a guarantee of condition.
Warranty is a unilateral promise of performance by the manufacturer or the seller. The law recognizes two types, namely the quality warranty and the durability warranty. It is important that the statutory warranty rights remain in force through the guarantee. The guarantee can be limited. To be made subject to conditions. The warranty declaration determines the scope, i.E. Services, period, modalities of assertion, of the warranty. It can also result from the advertising for the product, if the commitment of the guarantor is recognizable there.
Goodwill is a voluntary service of the manufacturer, in the event that defects occur only after the warranty or guarantee expires. The manufacturer may grant goodwill and fully or partially participate in the cost of damage incurred. However, this is voluntary, there is no right to it. Goodwill can be made dependent on conditions, such as regular visits to the authorized dealer and a properly kept maintenance booklet.