- Clarification on resellers making commercial use of manufacturer guarantees (absoluts-bikes and more-GmbH & Co KG v the-trading-company GmbH)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
TMT analysis: The court has clarified the information requirements on resellers who, when offering products at the point of sale, make overt commercial use and reference to a manufacturer’s guarantee. Those that do so are making the guarantee a central or decisive element of their commercial offer and must accordingly provide or make available all the details of the guarantee at the same point that the product is offered for sale and may not put those information requirements elsewhere where they may be hard to reach. Conversely, where the guarantee is merely mentioned incidentally or in an insignificant way, and not as a central or decisive element of the offer, then accordingly the reseller is under no obligation to provide the information requirements about the guarantee at the point of sale. Written by Joseph Dalby SC, at 36 Group.
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