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lt_Case Details

lt_Case Details
lt_National ID 3K-3-446-706/2015
Valstybė narė Lietuva
lt_Common Name link
lt_Decision type lt_Supreme court decision
lt_Decision date 02/07/2015
Teismas Lietuvos Aukščiausiasis Teismas
Ieškovas Č.B.
Atsakovas UAB “Gilius ir Ko”
Raktažodžiai consumer rights, goods, guarantee, right of withdrawal

Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 3, 3.

The traders are liable for the malfunction of goods even in cases when such malfunction was caused due to objective reasons of the system, wherein the goods were installed.
The Plaintiff and the Defendant concluded a sale – purchase agreement under which the Plaintiff acquired a heating boiler. After 36 days the boiler was broken because of the hardness of the water which flown through the plumbing system of the Plaintiff’s apartment.
Can the traders be held liable for malfunction of goods when such malfunction was caused by objective reasons of the system, which existed at the moment the goods were installed therein, and which the traders did not properly check and evaluate?
The court decided that at the moment of installation or before installation of the boiler the Defendant had a duty to determine whether the hardness of water in the plumbing system in the Plaintiff’s apartment was suitable for the operation of the boiler. The court stated that since the Defendant had checked and had not noticed improper hardness of water, the Defendant was responsible for the malfunction of the boiler.
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The agreement was terminated.