Questione giuridica chiave
Whether the seller fraudulently concealed the defect so that the warranty disclaimer is void under Art. 199 CO.
Decisione estratta
Yes. The seller knew of a recurrent defect, had a duty to inform the buyer, and concealed the origin and repetition risk; the disclaimer was therefore void.
Motivazione estratta
Repeated prior leaks, the seller's insurance declaration, and the factual circumstances showed sufficient knowledge of the defect and its repetition risk. Simply forwarding repair invoices did not give complete information, because they did not reveal the cause or recurrence risk.