Voki1
2015-07-28 08:43:20
- #1
I am not sure whether the OP had to check upon pickup
He does not have to.
Volker knows better how to answer that
;)
For commercial customers, however, the risk passes already when the goods leave the seller.
Absolutely right, because normally these are not consumer goods purchases within the meaning of the regulation (unless the entrepreneur buys for private use and that is also recognizable). ;)
There are no real disputed points here, only sellers' claims that the legal situation would be different (but it is not). The law simply cannot regulate every life situation and certainly cannot show when goods actually have a defect.
Here it is quite simple. The law states that the seller has to prove freedom from defects within six months after the transfer of risk. That would also have been quite simple: a) open the box, b) look at the panes, c) if the panes are OK, have the customer sign that the goods are okay, and d) reseal the box.
If he omits this (which he is allowed to), then he risks the goods coming back to him that the customer actually (possibly accidentally) damaged.
Unfair? No, just normal entrepreneurial risk. ;)