The Act on Consumer Rights, which became effective on 25 December 2014, amended regulations on sales, mainly with regard to consumer sales. The amendments also covered the provisions of Section III Title XI of the Civil Code on guarantees. The title of the section was changed from Quality Warranty to Sales Warranty, which means that under the new regime warranty may include other than quality properties of goods.
Warranty is a separate agreement concluded between the warrantor (seller, manufacturer, importer, or distributor of the goods being sold) and the buyer, comprising a warranty statement, laying down the obligations of the warrantor and the rights of the buyer in case the goods sold do not have the properties specified in the statement. Under the amended regulations, the warranty statement can be made in an advertisement.
The warranty statement is required to meet the following requirements (however, failure to meet the requirements does not affect the validity of the statement and does not deprive the buyer of his rights): it must be worded in a clear and intelligible manner and, if the type of information permits, use a universally understood graphic form. In the case of goods placed on the market in Poland, the statement must be in the Polish language (only names, trademarks, trade names, goods origin designation, and customary scientific and technical terms can be retained in the original foreign language).
The warranty statement should include basic information necessary in order to exercise rights under warranty, including without limitation the name and address of the warrantor or of its representative in Poland, the term and geographical area of warranty protection, buyer’s rights in the event a defect is identified, as well as a statement to the effect that the warranty does not exclude, limit, or suspend the rights of the buyer arising under the provisions on statutory warranty for defects of a thing sold (rękojmia za wady).
The warrantor sets forth its obligations in the warranty statement; these can include without limitation refund of the price paid, replacement or repair of the product, and provision of other services. In the case of the quality warranty, if there is any doubt, the guarantor is deemed to be under an obligation to remedy a physical defect or to provide a defect-free product if the defect is identified within a period specified in the warranty statement; the warranty term—unless specified otherwise—is two years from the date on which the goods were released to the buyer. The guarantor is required to fulfil its warranty obligations within the period prescribed in the warranty statement, and—if no such period is prescribed—forthwith, no later, however, than with fourteen days from the date of delivery of the goods by the warrantee and deliver the goods at its own expense to the location designated in the warranty or to the location where the goods were originally released upon purchase (and, in some cases, to the location where the defect was identified).
The warrantee (buyer) may request the guarantor to issue a warranty document, i.e. a warranty statement printed on paper or fixed on another durable medium. When releasing the thing sold to the buyer, the seller is required to attach a warranty document, verify the markings on the product for compliance with those in the warranty document, and check any fixed seals and other security features attached to the product.
Enforcement of rights under warranty does not affect the seller’s liability under statutory warranty. However, if the buyer decides to enforce its rights under warranty the running of the time for enforcement of rights under statutory warranty is suspended as of the date on which the seller is notified of the defect. The running of the time is reinstated as of the date on which the warrantor refuses to satisfy its obligations under warranty or the deadline for satisfaction thereof expires without effect.
While the amendments under review have expanded the scope of warranty regulations, warrantors continue to have a lot of room to refine specific warranty conditions. Specifically, they should bear in mind the need to detail the type of warranty being provided (“quality warranty”), buyer’s rights (including cases when the buyer forfeits these rights), warrantor’s obligations, defect notification procedure, term of warranty, and the period in which obligations arising under warranty must be fulfilled.