1. Overall
The chapter on deficiencies in NS 8411 and NS 8412 respectively is extensive.
Most provisions of the standard contracts coincide with the exception of special complaint rules in NS 8412 clause 25.3. These apply when the agreement includes assembly and is dealt with in the article collection with special provisions for NS 8412.
There are also two special provisions in NS 8411 that are not found in NS 8412. One is paragraph 22.3 which applies to goods sold “as they are” and paragraph 25. Paragraph 25 concerns rectification and redistribution, while the corresponding provision of NS 8412 (paragraph 27) deals only with rectification. In other words, re-delivery is a deficiency power applicable only in NS 8411 contracts. Since there are so few provisions relating only to NS 8411, these are dealt with here.
2. Rule mirror
Below you can see which provisions are included in the deficiency chapters of NS 8411 and NS 8412, respectively. Those provisions that apply only in the one standard contract are indicated in red font.
3. The further scheme
Besides this article, we have divided the manufacture into four more articles. We have divided them thematically, but the main explanation is that we will limit the length of individual articles for educational reasons.
The first article deals with NS 8411 paragraph 22 and NS 8412 paragraph 24 where the topic is the concept of deficiency.
The second article deals with the complaint rules regulated in NS 8411 paragraph 23 and NS 8412 paragraph 25.
The third article deals with NS 8411 paragraphs 24 — 27 and NS 8412 paragraphs 26 — 29. These provisions define what sanctions the buyer can apply when there is a defect, as well as the seller's right to remedy.
The fourth article deals with seller's liability as regulated in NS 8411 paragraph 28 and NS 8412 paragraph 30. In addition, we write briefly about the buyer's right to make claims against the seller's contractual parties, cf. NSA 8411 paragraph 29 and NS 8412 paragraph 31.
