Kernrechtsfrage
How to interpret the contract clause granting a three-month warranty in relation to the statutory warranty period
Extrahierter Entscheid
The clause limited only the notice period for defects to three months; it did not shorten the one-year statutory limitation period under Art. 210(1) CO.
Extrahierte Begründung
Because warranty clauses limiting the seller's liability are construed under the trust principle and restrictively, the words 'three-month warranty' did not clearly show an intention to reduce the statutory action period. In case of doubt, the shorter period concerns only the notice-of-defects period, not prescription.