Quality Guarantee is an agreement concluded between the Guarantor and the Customer, on the basis of which the Guarantor declares that the product covered by the quality guarantee will maintain its properties specified in the guarantee, during the specified period. The Guarantor commits himself to undertake specified actions if some product defects are identified. In principle, it is a commitment to remove a defect which will be noticed during the guarantee period or to provide the Customer with a product free from any defects.

The Guarantor can be the Producer as well as the Seller. Granting a quality guarantee is not obligatory – it is neither obligatory for the Producer nor for the Seller. By obtaining a guarantee, the Customer is granted additional rights, which would not apply if he did not obtain a guarantee.

The quality guarantee is generally regulated by the Civil Code (art. 577 and following) and the act of 27th July 2002 about special conditions of consumer sales and about a change of the Civil Code – Official Journal 2002, no. 141, pos. 1176 with further amendments, however, the precise content of the Guarantor’s commitment depends on his own decision expressed in the guarantee.

The quality guarantee granted by the Producer has a particular value for the Customer. In practice, the producer is the only person who has the basis for accepting full responsibility for a product and its quality. However, the quality guarantee granted by the Producer provides the Customer with additional, measurable rights which can be vindicated when the guarantee is issued in writing.
A special case is a guarantee announced in an advertisement. Legal regulations concerning special conditions of consumer sales allow approving as a guarantee an announcement in an advertisement, however only when such an announcement includes the Guarantor’s obligations. Thus, when product defects are identified, the statement in advertisement: “10 –year guarantee” gives the Customer no actual rights, he can only count on a good will of the Guarantor.

The quality guarantee for the purchased goods can provide the Customer with valuable rights, however, if it is not granted in writing, no particular Guarantor’s obligations and responsibilities are specified in the guarantee or it is granted by an unreliable party, it can only be a meaningless declaration.

It should also be remembered that a guarantee is only an additional right of the Customer. Independently from a guarantee or when no guarantee is granted, according to the law the Customer is entitled to the rights of a Seller’s warranty and if he is a Consumer he is entitled to make a claim if the consumer goods are not consistent with the agreement. Within these rights, the Customer is entitled to make a claim at the Seller to have the goods repaired or replaced with the goods free from any defects. In specified cases he may demand a price decrease or he may even withdraw from the agreement. Furthermore, these rights are limited in time – the rights granted by a warranty terminate after 1 year from providing the Customer with the goods. The Seller takes responsibility for consistence of the goods with the agreement within 2 years from the date of providing the Customer with the goods.

Prepared by:
PhD Magdalena Rytwińska
Attorney- at -Law