Questão jurídica principal
Whether the sale contract contained a valid exclusion of the seller's warranty for defects
Decisão extraída
The contractual wording, read as a whole and in light of the parties' concordant intent, excluded the sellers' warranty for both apparent and hidden defects.
Fundamentação extraída
The cantonal court's factual finding of common intent was binding. The Federal Court saw no federal-law error in the restrictive interpretation of the clause or in the conclusion that the defects fell within the contractual risk allocation.