Mängelrüge · notice of defects
The French text of the Code of Obligations says avis au vendeur, while practice says avis des défauts. Without timely notice, the buyer loses their warranty rights: it is one of the rules of Swiss sales law with the heaviest consequences. The English translation simply says notice of defects.
Request a demoThe term in four languages
- German
- Mängelrüge
- French
- avis au vendeur (avis des défauts)
- Italian
- avviso al venditore
- English
- notice of defects
Definition
The buyer must inspect the condition of the object received as soon as feasible in the normal course of business. On discovering defects for which the seller is liable under warranty, the buyer must notify the seller without delay. Otherwise the object is deemed accepted, except for defects that a customary inspection would not reveal. For such hidden defects, notice must be given as soon as they are discovered.
Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.
Full glossaryThe term in an official text
Der Käufer soll, sobald es nach dem üblichen Geschäftsgange tunlich ist, die Beschaffenheit der empfangenen Sache prüfen und, falls sich Mängel ergeben, für die der Verkäufer Gewähr zu leisten hat, diesem sofort Anzeige machen.
The buyer must inspect the condition of the purchased object as soon as feasible in the normal course of business and, if he discovers defects for which the seller is liable under warranty, must notify him without delay.
Source: Fedlex, Code of Obligations. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.
Related terms
The loss of the right to enforce a claim in court once the statutory period has expired.
Schadenersatz · damagesCompensation for damage caused by non-performance or by an unlawful act.
Gewährleistung · warrantyThe seller's liability for defects in the object sold and for the qualities warranted.