10. Garanţia pentru buna funcţionare. Condiţiile legale de acordare şi excludere a garanţiei
10. The guarantee for proper functioning. The legal conditions for granting and excluding the guarantee

Summary/Abstract: The decision of the Piteşti Court of Appeal analysed herein concerns the application of the provisions of the Civil Code concerning the warranty for proper functioning of equipment delivered under a supply contract. The Court held that the right to warranty does not apply automatically but is subject to compliance with the operating and usage requirements set out in the contract and in the warranty certificate. Based on the technical evidence examined in the proceedings, the Court found that the defect resulted from improper use of the equipment, thereby triggering the application of Article 1.717 of the Civil Code and leading to the loss of the warranty for proper functioning. The judgment highlights the procedural relevance of civil law provisions on warranty, as they enable the Court to assess compliance with the conditions governing access to contractual remedies and to dismiss the claim as unfounded where the statutory and contractual requirements for granting the warranty are not met.

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