Liability for material defects

In accordance with the Law on Consumer Protection, the provisions of the Law on Obligatory Relations (Official Gazette 35/05, 41/08, 125/11, 78/15) on liability apply to the relationship between the consumer (end user) and PLEXI, in the event of a material defect in the product for material defects.

The seller is responsible for the material defects of the things that he had at the time of the transfer of risk to the buyer, regardless of whether he was aware of this.

The seller is also responsible for those material defects that appear after the transfer of risk to the buyer if they are the result of a cause that existed before that.

It is assumed that a defect that appeared within six months of the transfer of risk existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the matter or the nature of the defect.

When there are material defects

There is a disadvantage:

1. if the thing does not have the necessary properties for its regular use or for traffic,
2. if the thing does not have the necessary properties for the special use for which the buyer acquires it, which was known to the seller or should have been known to him,
3.   if the thing does not have properties and characteristics that are explicitly or tacitly contracted, i.e. prescribed,
4.  when the seller has delivered a thing that is not equal to the sample or model, unless the sample or model is shown for information only,
5. if the item does not have properties that normally exist in other items of the same type and which the buyer could reasonably expect based on the nature of the item, especially taking into account the public statements of the seller, manufacturer and their representatives about the item's properties (advertisements, labeling of the item, etc.),
6. if the item is improperly assembled, provided that the assembly service is included in the fulfillment of the sales contract,
7. if improper assembly is due to deficiencies in the assembly instructions.

If the buyer, based on the statements of the manufacturer or his representative, expected the existence of certain properties of the thing, the defect is not taken into account if the seller did not know or should have known about these statements, or these statements were refuted by the time the contract was concluded, or they did not influence the buyer's decision to conclude a contract.

The manufacturer, in the sense of responsibility for material defects and guarantees for the correctness of the thing sold, is the manufacturer of the thing, the importer of the thing and any other person who presents himself as a manufacturer by putting his name or title, trademark or other mark on the thing.