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What is a Guarantee? When is it effective?

Guarantee of quality is a contract concluded by and between the Guarantor and the Buyer under which the Guarantor promises that product covered with the guarantee of quality will retain characteristics defined in the guarantee for its duration and also the Guarantor undertakes to take up specific measures in the event of certain defects in the product. As a rule, it is an obligation to eliminate defects being discovered during the effective term of the guarantee or to deliver to the Buyer product free and clear of any defects.

The Guarantor can be both Manufacturer and Seller. To grant a quality guarantee is not anybody’s duty, neither the Manufacturer nor the Seller. Thus, the quality guarantee awards additional rights to the Buyer, which would not receive him if he did not receive a guarantee.

The quality guarantee is regulated in a framework provisions of Civil Code (article 577 of Civil Code and following), although precise content of the obligations of the Guarantor depends on its own decision contained in the guarantee given by him.

For the Buyer especially valuable is the quality guarantee given by the Manufacturer. In practice, the Manufacturer is the only person who has grounds to take on full responsibility for the product and its quality. However, the quality guarantee given by the Manufacturer awards the Buyer an additional, measurable right, which can be more effectively vindicated if its has been given in writing.

Please remember that the guarantee of quality is only additional right of the Buyer. Regardless of the given quality guarantee or in the lack thereof, the Buyer is entitled to rights under the statutory warranty against the Seller. As a part of this institution the Buyer shall have the right, as a rule, of his choice:
•    to draw back from an agreement,
•    reduce price,
•    demand from the Seller to repair or replace the product for free and clear from any defects.
Rights under the guarantee are limited in time and expire after two years (as a rule) from the release of product to the Buyer.

Prepared by:
Ph. D. Magdalena Rytwińska-Rasz

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