Difference between warranty and guarantee!

A little guide, since the terms are often confused...

“Warranty” means that the seller guarantees that the goods traded are free from defects in material and legal defects. The seller is therefore liable for all defects that already existed at the time of sale, including those that only became apparent later (so-called hidden defects). The condition of the goods at the time of delivery is decisive. In favor of the consumer compared to the seller, it is assumed when purchasing within the first 6 months after delivery that the goods were already defective at the time of delivery, unless the seller can prove that the defect did not exist at the time of delivery. If the customer notices a defect only after 6 months, the burden of proof changes, i.e. now he must prove that the defect already existed at the time of delivery. The statutory warranty according to § 437 BGB has been exactly 24 months since January 1st, 2002, it can be reduced to 12 months for used goods. Any defects must always be reported to the dealer.

A “guarantee” is an additional, voluntary service from a dealer and/or manufacturer, provided that the dealer gives this “manufacturer's guarantee” to the customer - but the dealer is not obliged to do so. The guarantee promise always refers to the functionality of certain parts (or the entire device) over a certain period of time. The condition of the goods at the time of delivery is irrelevant for a guarantee, as the functionality of the aforementioned parts (or the entire device) is “guaranteed” for the period. Depending on whether the guarantee promise comes from the dealer or the manufacturer to the customer, the dealer or manufacturer should be contacted in the event of defects. With the guarantee, the guarantor must prove that the defect complained of by the buyer did not exist at the time the goods were delivered.

It should be noted for the customer that a warranty promise cannot replace or even reduce the statutory warranty in any case in terms of scope or duration, but always only applies in addition to or in addition to the statutory warranty.