According to the chapter 5 section 15 a subsection 3 of the Consumer Protection Act, the guarantee shall not limit the liability provided for in the Act. The Supreme Court has stated in its judgement KKO 2004:123 that conditions which are against the compelling provisions of chapter 5 of the Consumer Protection Act can be found unreasonable for the consumer within the meaning of chapter 3 section 1 of the Consumer Protection Act. Ambiguous guarantee terms are likewise unreasonable.
The Consumer Ombudsman considered the defendants liable for defects in the goods regardless of the limitation in its terms of guarantee. The terms of the guarantee were inconsistent with information provided in the marketing of the goods. Furthermore, the terms of the guarantee did not mention that the guarantee limits the legal rights of the consumer. The Consumer Ombudsman found that the guarantee clause limiting the liability from moisture damage was unreasonable to consumers.
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