In general, a distinction must be made between a guarantee and a warranty. While the warranty is regulated by law in the German Civil Code (BGB), the guarantee results purely from an additional service provided by the retailer or manufacturer. The guarantee in no way replaces the statutory warranty claims; these run parallel to each other. A warranty also always requires that the object of purchase must be free of defects at the time of purchase. The guarantee, on the other hand, functions as an unconditional replacement service.
We have also summarized the differences for you in the table below.
| Guarantee | Warranty |
|---|---|
| Legally regulated in the BGB | Based on contract |
| Limited in time | Time frame depends on guarantor |
| Condition free of defects at the time of purchase | Warrantor promises functionality during the warranty period |
| Can only be asserted against the seller | Can be asserted against the guarantor |