SWITZERLAND: Extension of the statute of limitations for the warranty term of the defective products in sales contracts.

Silvia Petruzzino | SWITZERLAND | 2013-01-17

Silvia Petruzzino

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More particularly, the current version of section 210, first paragraph, of the Code of Obligations provides that an action for breach of warranty of quality and fitness of the products sold becomes time-barred two year after delivery of the good to the buyer, even if the latter does not discover the defects until later, except where seller has assumed liability under warranty for a longer period.

In the former version the time limits was one year after delivery.

This extension of the warranty term is applicable also to distribution agreements, being such contracts atypical.

We point out that under the Swiss law the warranty term of defective products is applicable both for business to business (B2B) and business to consumer (B2C) transactions. This is a seller’s obligation. In any case such warranty term is not mandatory, therefore the parties can agree to exclude or extend (the maximum term is ten years after delivery) it. To such regard the purchaser must be particularly careful on the sale terms and conditions set forth in seller’s offer.

Silvia Petruzzino and Nicola Gianoli, IDI Members.

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