Since there are more and more problems related to the warranty when selling used trucks, I would like to inform you that the seller is liable under the warranty for physical defects by two years from the date of delivery of the item to the buyer. This means that if, for example, an engine failure occurs after 12 months from the date of sale of the vehicle, the buyer has the right to demand a price reduction or removal of the defect or withdraw from the contract. Contractual reservations such as that the buyer became acquainted with the technical condition of the vehicle at the time of sale have no legal effect and do not release the seller from liability. From court practice, I can say that often the buyer's claims may exceed the value of the vehicle and are accepted by the court. Additional costs are, for example, reimbursement for a replacement vehicle, parking of a damaged vehicle, lost earnings, interest, etc.

The only effective way of evading liability by the seller who is an entrepreneur in relation to the buyer who is also an entrepreneur - for physical defects of the vehicle - is to clearly indicate in the sales contract (on the invoice) that "warranty provisions do not apply to this contract." According to Art. 558 k.c. § 1 "The parties may extend, limit or exclude liability under the warranty. If the buyer is a consumer, limitation or exclusion of liability under the warranty is allowed only in cases specified in specific provisions.

Legal adviser Jerzy Klimkowski