Questione giuridica chiave
Whether the vehicle's starting performance on a 12% slope violated Art. 54(3) OETV and constituted a sales defect under Art. 205 CO.
Decisione estratta
The vehicle complied with Art. 54(3) OETV; the difficult nature of repeated starts on a steep slope did not show a material defect or lack of contractual quality.
Motivazione estratta
The provision concerns transmission, clutch and starting power. The vehicle met one of the alternative technical requirements. Extreme test conditions do not prove unsuitability for ordinary road use, nor a defect affecting intrinsic properties or value.