Polish law protects consumers in relations with the sellers. The rule is that in relation with consumers, the seller cannot limit or exclude liability for the warranty. This issue is regulated by art. 558 § 1 of the Civil Code, which states that if a buyer is a consumer, limitation or exclusion of warranty liability is only permitted in the cases specified in the special provisions. Such a special case is, for example, the sale of used goods, when the seller’s liability can be limited to not less than a year from the date of issue to the buyer. However, the introduction of such a limitation of liability between the seller and the consumer requires the conclusion of a contract containing the relevant provisions. Without such contractual terms, the seller is responsible to the consumer under the provisions of the Civil Code.
The article was written by Justyna Lopuszynska, a lawyer working at the Aliant Law Firm in Poland. Miss Lopuszynska will become an advocate next year.