Notice of defects in sales contracts explained under Swiss CO: Deadlines, requirements & consequences for defects. How buyers protect their warranty rights.
Question from August 14, 2025:
Notice of defects in sales contracts: Rights & obligations under CO
Jurilo said about this:
The notice of defects in sales contracts is a central element of Swiss warranty law. It regulates how and when a buyer must notify the seller of defects in the purchased goods in order to assert their warranty rights (e.g., rescission, price reduction, or repair).
Legal basis
The notice of defects is regulated in Art. 201 CO. According to this:
> The buyer must inspect the purchased goods as soon as feasible according to the ordinary course of business.
> If they discover defects for which the seller is liable under warranty, they must notify the seller immediately.
> If the buyer fails to give timely notice, the goods are deemed accepted – unless they are hidden defects that were not discoverable during proper inspection.
> Hidden defects must be reported immediately upon discovery.
Requirements for the notice of defects
According to case law and legal doctrine, the notice of defects must:
> be substantiated, i.e., the buyer must specifically state how the purchased goods are defective (e.g., which properties are missing or do not comply with the contractual agreement).
> require receipt, i.e., it must reach the seller or their representative.
> be form-free – it can therefore be made orally or in writing, although written form is recommended for evidentiary purposes.
A general dissatisfaction or blanket complaint is not sufficient. The notice must enable the seller to recognize the type, extent, and reason for the complaint.
Deadlines
The notice must:
> for obvious defects be made within two to three business days after delivery.
> for hidden defects be made immediately after their discovery. Case law generally allows a period of a few days here, whereby the circumstances of the individual case are decisive.
Consequences of failure to give notice or late notice
> The purchased goods are deemed accepted.
> The buyer loses their warranty rights (e.g., to rescission, price reduction, or damages).
Statute of limitations
Regardless of the obligation to give notice, warranty claims are generally subject to a two-year statute of limitations from delivery of the goods pursuant to Art. 210 CO. This period does not apply in cases of intentional deception by the seller.
Special case: Right to repair
If a right to repair has been agreed, returning the goods for repair may constitute a notice of defects.
Summary
The notice of defects is a mandatory step to assert warranty claims in sales law. It must be timely, specific, and received by the seller. A late or insufficient notice generally results in the loss of claims.
Sources:
> Art. 201 CO
> Art. 210 CO
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