Delivery of pipes and manholes

Obligation for inspection and notification of defects as well as commercial liability for defects

I. Obligation of inspection and notification of defects on

receipt of deliveries of pipes and manholes

Purchasers have the right and the obligation to inspect goods purchased and to notify of defects immediately upon receipt of such goods. In most cases purchasers take this very seriously. As a consequence, sellers would like to restrict these rights in their general standard terms and conditions. Lawmakers, however, see violation of essential fundamental legal concepts here.

Contracting parties must be businessmen

“Latent” defect is evidently the only correct term here. The not infrequently...

Issue 02/2017 Receipt of deliveries of pipes and manholes

Obligation of due diligence for inspection and notification of defects as well as commercial liability for defects

I. Obligation of due diligence for deliveries of pipes and manholes Buyers have the right and obligation to inspect purchased goods and to notify with respect to defects immediately upon receipt of...

Issue 02/2015 Violation of the manufacturer’s specifications - a defect?

Clauses in sub-contractor contracts / sale of goods law

Clauses in sub-contractor contracts In the chain of performances under a contract for work and services, contracts between client and general contractor and contracts between general contractor and...

Issue 02/2013 Recent case law

Private building law with respect to remuneration and liability

Recent case law pertaining to the precast element contract In building practice, knowledge of the parties to the contract, of the legal nature of the contract entered into by these parties and of the...

Issue 02/2014 Legal evaluation

Semi-precast floors. Rust spots, traces of rubber abrasion, voids –

The present case refers to the legal relationship between the shell construction contractor and the precast producer that manufactures and delivers the semi-precast floor units. Pursuant to section...

Issue 02/2013 What should manufacturers of concrete products bear in mind?

Varying distribution channels and warranty periods

Following the ECJ judgment of 2011, producers are often faced with the issue of which costs they can be held liable for if the product turned out to be deficient. This question becomes even more...