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Every consumer, or “purchaser”, has the right to be protected for three years against hidden defects. This right means that if the product shows defects within three years, the purchases must repair those defects or exchange the product, even if the seller was unaware of the defects. Due to this protection consumers can still rest easy if somebody sells them something without an express warranty.

However, when a product is bought with an express warranty and the consumer accepts it, the period of the warranty is limited and various factors can be included or excluded.

Sellers are however not at all liable for any defects if they sell the product “as it stands”, or “as is”, of “without warranty”. The buyer then buys that product with all the defects that may exist regarding the product.

However, the “without warranty” provision does not mean that the seller does not have any rights. The seller can still be held responsible for defects if he or she was aware of them before the goods were sold, but had not told the seller anything about it. The seller can also be held liable if the misrepresentation has a bearing on something else than the condition of the product.

If the seller therefore can prove that the seller was aware of the defect, but did not say anything about it, then the seller still has a case.

An example of a sales contract without warranty.


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