Defect Notification in the Sales Contract under Swiss CO explained
Defect Notification in the Sales Contract under Swiss CO explained: Deadlines, Requirements & Consequences in Case of Defects. How buyers can secure their warranty rights.
Question:
Defect Notification in the Sales Contract: Rights & Obligations under the CO
Jurilo Answer:
The defect notification (“Mängelrüge”) in a sales contract is a central element of Swiss warranty law. It regulates how and when a buyer must notify the seller of defects in the purchased goods in order to assert their warranty rights (e.g., rescission, reduction, or repair).
Legal Basis
The defect notification is regulated in Art. 201 of the Swiss Code of Obligations (CO). According to this:
- The buyer must inspect the goods as soon as it is feasible in the ordinary course of business.
- If defects are discovered for which the seller is liable, the buyer must notify the seller immediately.
- If the buyer fails to provide timely notice, the goods are deemed accepted—unless the defects were hidden and could not have been detected during proper inspection.
- Hidden defects must be reported immediately upon discovery.
Requirements for the Defect Notification
According to case law and legal doctrine, the defect notification must:
- Be substantiated: the buyer must specify exactly how the goods are defective (e.g., which qualities are missing or deviate from the contractual agreement).
- Be received: it must be delivered to the seller or their representative.
- Be informal: it may be oral or written, although written form is recommended for evidentiary purposes.
A general dissatisfaction or vague complaint is not sufficient. The notification must allow the seller to recognize the type, scope, and cause of the defect.
Deadlines
The notification must be made:
- For obvious defects: within two to three working days after delivery.
- For hidden defects: immediately after discovery. Case law usually allows only a few days, depending on the circumstances of the individual case.
Consequences of Omitted or Late Notification
- The goods are deemed accepted.
- The buyer loses their warranty rights (e.g., rescission, reduction, or damages).
Limitation Period
Regardless of the duty to notify, warranty claims under Art. 210 CO generally expire two years after delivery of the goods. In cases of fraudulent concealment by the seller, this limitation does not apply.
Special Case: Right to Repair
If a right to repair has been agreed upon, returning the goods for repair can be considered a valid defect notification.
Summary
The defect notification is a mandatory step in asserting warranty claims under Swiss sales law. It must be timely, specific, and delivered to the seller. Late or insufficient notification usually results in the loss of warranty rights.
Sources
Art. 201 CO
Art. 210 CO
Keywords
Defect notification sales contract Switzerland, Art. 201 CO defect notification, Art. 210 CO limitation, warranty law Switzerland, defect notification deadline, defect notification example, defect notification template, sales contract defects Switzerland, hidden defects sales contract, defect notification Code of Obligations, Swiss sales law defects, buyer seller duty to notify, Jurilo labor law CO tax law, Swiss contract law AI
Do you want me to also adapt this translation into SEO-optimized US/UK English (so instead of “defect notification” everywhere, use terms like warranty claim, notice of defect, sales contract defects) to improve ranking for English-speaking readers?
