A complaint is a formal letter sent to the seller to inform them of defects in the delivered goods. It serves to request the seller to rectify the defects or provide a replacement. In German, this document is called "Mängelrüge – Reklamation mangelhafter Ware an den Verkäufer".
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The Mängelrüge is an important tool in sales law to inform the seller about defects in the delivered goods. In Germany and Austria, it is crucial to submit this formally correctly to assert claims.
A Mängelrüge should always be used when the delivered goods have defects that do not comply with the contractual agreements. This can apply to both obvious and hidden defects.
In Germany, the Mängelrüge is anchored in the Civil Code (BGB), particularly in §§ 434 ff. In Austria, the General Civil Code (ABGB) regulates the Mängelrüge, particularly in §§ 922 ff.
A correctly formulated Mängelrüge can help to quickly and efficiently rectify the defect or receive a replacement. It is advisable to submit the Mängelrüge in writing and in a verifiable manner.
A Mängelrüge is necessary when the delivered goods have defects that were not contractually agreed upon.
In Germany and Austria, defects should be reported immediately after discovery to avoid losing claims.