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Unformatted text preview: of the defect at the moment of
concluding a contract
seller liable for physical defects arising from inherent
- termination of contract
→ lost if the seller (only once): → replaces the defective product → repairs it - reduction of price - necessary: notification on defect (1 month after discovery)
notification on defect (1 month CONSUMER CONTRACTS. CONSUMER PROTECTION.
CONSUMER - warranty expiration – after releasing the good:
→ 1 year
year → building: 3 years
years → not if the defect concealed
not if guarantee (separate instrument)
- not obligatory
not obligatory - guarantor to remove defect or to replace product
to replace - time limits specified - if not – civil code: 1 year
year - guarantee to run anew
anew CONSUMER CONTRACTS. CONSUMER PROTECTION.
CONSUMER 6. Product liability.
since 2000 Civil Code: adoption of EU Directive 92/59
adoption EU Directive
§ 1. Who, within the scope of his business activity ( the producer),
1. Who within
manufactures a dangerous product, shall be liable for the damage
shall be liable for the
caused by this product to anybody.
§ 2. The product means a movable thing, even when connected with
another thing. Also animals and energy shall be considered
§ 3. Dangerous is the product not ensuring the safety which may be
expected taking into consideration its normal use. Whether the
product is safe depends on circumstances existing when the product
is put into circulation, in particular on the way it is presented and on
the information on its properties supplied to the consumer. The
product may not be considered dangerous based only on the fact,
that a similar improved product is subsequently put into circulation.
that similar CONSUMER CONTRACTS. CONSUMER PROTECTION.
manufacturer of material
manufacturer of raw material
manufacturer of component of the product
→ can be exempted from liability if indicates to the
injured person the name and address of the
producer or the importer liability not depending upon fault
liability not depending CONSUMER CONTRACTS. CONSUMER PROTECTION.
- producer does not put the product into circulation or
the product is put into circulation out of the course of
his business activity
activity - dangerous properties of the product appear after it is
put into circulation - state of science and technology at the time when the
product put into circulation precluded foreseeing its
dangerous properties - properties resulted conform with the legal provisions CONSUMER CONTRACTS. CONSUMER PROTECTION.
- damage to an individual – unrestricted
to an - damage to the property
only if exceeds the equivalent to 500
EURO → defects of the product, benefits of the
injured person excluded
person excluded → CONSUMER CONTRACTS. CONSUMER PROTECTION.
CONSUMER 7. Institutional protection.
- Office of Competition and Consumer Protection
(UOKiK) - Consumer’s Federation - Association of Polish Consumers Trade Inspection
district consumer advocates (ombudsman)
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- Spring '14