The seller is obliged to deliver the item in flawless condition or transfer ownership rights to the buyer. If no other agreement or customary practice applies, the seller is not required to deliver the item unless the buyer simultaneously pays the purchase price or is prepared to do so at the same time. However, the buyer is not obligated to pay the purchase price before having the opportunity to inspect the item.215 An exception to this principle applies to payment against the delivery of a relevant document (e.g., in cases of transported goods). In such cases, the buyer does not have the right to refuse payment of the purchase price merely because they have not had the chance to inspect the item.216
The seller is liable for material defects that existed at the time the risk was transferred to the buyer, regardless of whether the seller was aware of them. The seller is also responsible for any defects that appear after the risk has passed to the buyer if they result from a cause that existed beforehand. Minor material defects are not considered.217 The buyer may file a warranty claim against the seller for legal defects affecting the item.
