The court in this case found that the contractual guarantee did not apply since only 0,04% of the roof area was affected by the corrosion and the contractual guarantee explicitly provided the conditions under which it was applied. However the court also noted that in cases when contractual guarantee cannot be applied, then the party could claim to apply a statutory guarantee. Nevertheless, the court concluded that since the Plaintiff was a consumer he could have applied other legal remedies to protect his rights and therefore accepted the Plaintiff’s request to terminate the agreement between the Plaintiff and the Defendants.
URL: http://eteismai.lt/byla/11688072246425/3K-3-406/2013
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