Peculiarities of consumer transactions in Austria
Pursuant to Sec. 8(1) of the Austrian Consumer Protection Act (KSchG), the trader has to fulfil its obligation to improve or exchange the item at the location at which the item was handed over (place of transfer) or wherever the item was delivered or sent to, based on the contract (destination). Should an item be especially bulky, heavy or have become immoveable due to being installed, and its transport to the trader be impractical for the consumer, the trader must, at the consumer’s request, improve the item wherever it is usually located. The trader may require the consumer to send it the item, at its own risk, if this is practical for the consumer. According to paragraph 3, the necessary costs of improvement or exchange are to be borne by the trader.
In the case of a consumer transaction, warranty claims cannot at all be limited prior to becoming aware of the defect (Sec. 9(1) Austrian Consumer Protection Act (KSchG)). The legislative authority makes an explicit exception to the latter when used goods are sold. In this case, the warranty period may be curtailed to one year, through individual agreement, irrespective of any T&Cs or contract forms.