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Legal

Warranty

Legal obligation of the contractor to be liable for defects in the delivered performance within specified periods.

What is Warranty?

Warranty (German: Gewährleistung) is the contractor's legal obligation to be liable for defects within specified periods. Different rules apply depending on the contract type.

Legal Framework

Works contracts (BGB): 5 years for structures, 2 years otherwise. VOB/B construction contracts: 4 years. Purchase contracts: 2 years. IT contracts (EVB-IT): 12–24 months.

Warranty Rights

Rectification, self-remedy (after deadline), price reduction, withdrawal (for significant defects), and damages (for fault).

VOB/B Specifics

Acceptance triggers the warranty period. 4-year limitation. Defects must be reported promptly in writing. Retention of typically 5% as warranty security.

Practical Tip

Warranty periods and securities are important cost factors. Patterno helps you find tenders early and review contractual conditions including warranty terms.

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