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“The fact that the good subject to the contract is not delivered
within the time determined by the parties or that the installa-
tion is not properly realized, where the installation is conduct-
ed by the seller or under his responsibility, is evaluated as an
inappropriate fulfillment of contract. In cases where it is
agreed that the consumer shall make the installation of the
good, if the installation is made wrongly because of wrong or
deficient information in the installation instructions, it is an
inappropriate fulfillment of contract.”
Liability for a Defective Good
Article 9 of Law No. 6502 governs liability for defective goods.
The first paragraph sets forth that the seller shall deliver the good to the
consumer in accordance with the sale contract. The second paragraph
of the article outlines the possibility for the seller to avoid such liabil-
ity. In accordance with this, the seller is not bound with the content of
the statement if he proves (i) that he is not and cannot be expected to
be knowledgeable of statements made through publications which he
did not produce, (ii) that the content of the statement was corrected at
the moment of the conclusion of the contract, (iii) or that the decision
to conclude the sale contract does not have any causal link with state-
ment made through publications.
Burden of Proof
Pursuant to Article 10, entitled “Burden of Proof”, defects which
appear within 6 months of the date of delivery are deemed to have
existed on the date of delivery. Therefore, the burden of proof that the
good is not defective remains on the seller.
Where the consumer is aware or is expected to be aware of any
defects at the conclusion of the contract, it is stipulated that the con-
sumer is considered to be accepting the good as it is and there is no
contradiction to the contract. The optional rights of the consumer are
reserved for other unknown defects.
Article 10/3 further sets forth that a tag, which can be easily read
by the consumer and which contains explanatory information related to
the defective good, shall be put on the good or on its packaging by the
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