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Home (http://www.coi.cz/en/) > For business > Information for Retailers (http://www.coi.cz/en/for-business/informationfor-retailers/) > Warranty and Liability for Defects
d) If the item is discounted below the usual price as a result of a sale or post-seasonal sale, it is significant if the item
being sold is new and defect-free, and not a used item; the vendor is responsible in full for all defects in the case of a new
(http://www.webarchiv.cz/files/vydavatele/certifikat.html)
item.
For products intended to be used for a longer period of time (such as cars, televisions, washing machines) the warranty
period may be extended beyond the above-specified period with special legislation. The extended warranty, however, may
only apply to select components.
The statutory warranty period cannot be shortened, even if the parties agree: it can only be extended.
b) The contractual warranty: the vendor can extend the warranty beyond the statutory period with a warranty certificate
issued to the purchaser. This warranty must be in accordance with the warranty conditions given by the manufacturer or as
stated in any connected advertising. The vendor can also extend the warranty beyond the statutory period based on an
agreement made with the purchaser.
Note: Unlike Section 620, Paragraph 5, the Commercial Code does not address the statutory warranty (i.e. the
establishment of a legal warranty); it concerns itself only with the contractual warranty.
LIABILITY FOR DAMAGE CAUSED BY A DEFECTIVE PRODUCT VS. LIABILITY FOR DEFECTS
The liability for defects of a sold item is distinguished from the claim based on the liability for defects, insofar as the
defect caused damage to the consumers health or property. The application of the liability for defects in Sections 619-627
of the Civil Code is an attempt to address the situation where the consumer paid the full purchase price but did not acquire
the product stipulated by the purchase agreement, that is, the consumer, in variance with the purchase agreement,
obtained a defective product and in this way was injured" up to the maximum amount of the purchase price.
This, however, may lead to a further claim, if the defect to the purchased product caused damage to another party (which
does not necessarily have to be the purchaser, and can lead to damages far in excess of the purchase price). In exercising
his claim, the injured party can proceed according to either the general regulations on liability for damages (Sections 415450 of the Civil Code), or the special rules contained in Act No.59/1998 Coll., which deals with the liability for damage
caused by a defective product.
DEFECT LIABILITY ACCORDING TO THE COMMERCIAL AND CIVIL CODES:A GUIDE FOR
ENTREPRENEURS
Act No.513/1991 Coll.,the Commercial Code, regulates, inter alia, contractual agreements between entrepreneurs, if it is
evident from all pertinent circumstances that their occurrence is a result of business activities.
The relevant parties may agree that their contractual relationship does not fall under the association specified in Section
261 (i.e., it is a vendor consumer relationship) but is still governed by this Act. This agreement must be in writing. If it
worsens the position of a party who is not the entrepreneur, the agreement is null and void.
Even if an agreement between the entrepreneur and consumer, based on the Commercial Code, is valid, the provisions of
the Civil Code regarding compliance with contract and defect liability of the purchased product (Sections 616-627)
nonetheless holds. This follows from the provisions of Section 262, Paragraph 4 of the Commercial Code which states: "In
relationships defined by Section 261 of the Commercial Code, or a secondary (subordinate) agreement, Paragraph 1 is
applicable, unless contraindicated by this Act or other specific legislation. Provisions made under the Civil Code, special
consumer contract law, adhesion contracts, unfair clauses and other provisions designed to protect consumer, are always
applicable, if they rule in favour of the contractual party who is not the entrepreneur. The party who is not the
entrepreneur is liable for the breach of responsibilities as outlined in the Civil Code. Any joint commitments or liabilities are
governed by the Civil Code as well.
Central Inspectorate
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Telephone: +420 296 366 360
Fax: +420 296 366 236
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