Defects for Which the Seller Is Not Responsible
1. The Seller is not responsible for defects that were known to the Buyer at the time of concluding the contract or that could not have remained unknown to the Buyer.
2. Defects that a diligent person with average knowledge and experience in the same profession or trade as the Buyer could easily detect during a customary inspection are considered not to have remained unknown to the Buyer.
3. The provision in paragraph 2 of this article does not apply to contracts where a natural person, as the Buyer, concludes the agreement outside their business or professional activity with a natural or legal person acting as the Seller within their business or professional activity (consumer contracts).
4. The Seller is responsible for defects that the Buyer could have easily detected if the Seller had declared that the product has no defects or has specific properties or features.
Inspection of Goods and Visible Defects
1. The Buyer is required to inspect the received goods in the customary manner or have them inspected as soon as possible according to the normal course of events and to notify the Seller of visible defects within eight days, or without delay in the case of a commercial contract; otherwise, the Buyer loses the rights associated with these defects.
2. When the inspection is conducted in the presence of both parties, the Buyer must immediately notify the Seller of any complaints regarding visible defects; otherwise, the Buyer loses the rights associated with these defects.
3. If the Buyer forwards the goods without unloading them, and the Seller was aware or should have been aware of the possibility of such further transport at the time of contract conclusion, the inspection of the goods may be postponed until their arrival at the new destination. In such a case, the Buyer must notify the Seller of any defects as soon as they become aware of them through their clients.
4. In consumer contracts, the consumer as the Buyer is not obliged to inspect the goods or have them inspected but must notify the Seller of visible defects within two months from the day the defect was discovered. It is recommended to photograph the defect.
Hidden Defects
1. If, after receiving the goods, the Buyer discovers a defect that could not have been detected through a customary inspection at the time of receipt, the Buyer must notify the Seller of the defect within two months from the day the defect was discovered or, in the case of a commercial contract, without delay; otherwise, the Buyer loses the associated rights. It is recommended to photograph the defect.
2. The Seller is not responsible for defects that become apparent more than two years after the goods were delivered, or six months in the case of a commercial contract.
