Statutory warranty vs. manufacturer’s guarantee

In short: Statutory warranty is a legal obligation of the seller for defect-free goods, a guarantee is a voluntary additional service from the manufacturer or seller. Both terms are often confused in everyday life.

In more detail: The statutory warranty applies in Germany for two years from purchase, with possible shortening for used goods.

In detail

• Statutory warranty: Applies automatically to every purchase contract, regardless of any seller promises.
• Reversal of burden of proof: In the first year, the seller must prove that the defect did not exist from the start.
• Guarantee: A voluntary service that can go beyond or supplement the statutory warranty.
• Guarantee conditions: Can contain restrictions, for example only for certain defects or types of use.
• Repair or replacement: Under the statutory warranty, repair usually takes priority over return at first.
• Withdrawal from the contract: If repair fails, the purchase price can be reclaimed.
• Important: An expired guarantee does not automatically mean there are no claims left (kaufvertrag-maengel-und-rechte).