The Japanese Civil Code contains certain provisions that establish what is known as the “seller’s warranty.” The seller’s warranty demands that the seller fix any problems relating to lack of good title, a discrepancy in quantity, or where there is a latent defect in the product. If any of these situations arise the seller’s warranty requires that seller fix these problems.
However, the seller’s warranty only applies to contracts that are silent on the issue of a warranty. Parties are free to contract out of any warranty by either the seller or the buyer. If the contract has a warranty already included, or a clause explicitly disclaiming all warranties, then the seller’s warranty does not apply. It is always important to have a lawyer check any contract before you sign it to make sure that you understand the rights and warranties granted in the contract.
If you have any questions about contracting in Japan, please contact our office to set up a legal consultation.