The Plaintiff concluded with the Defendant a sale - purchase agreement under which the Plaintiff acquired a car Opel Zafira. Under the agreement, a 12 year term anticorrosive (quality) guarantee for the body of the car was provided. After 2 years from the date when the car was acquired, the body of the car corroded, then the Plaintiff applied to the Defendant with a purpose to terminate the sale-purchase agreement, but the Defendant did not accept the car and rejected the Plaintiff’s proposal to terminate the agreement. The Plaintiff applied to the court.
As the Plaintiff claimed that he had the right to terminate the agreement, the Defendant argued that the anticorrosive guarantee could have been applied only if an open corrosion would have been found on the body of the car.