In this case, the parties entered into a purchase contract on sale of a passenger car. In the purchase agreement the parties agreed that "the seller is not responsible for any inconsistency between the mileage shown on the speedometer and the actual mileage". The mileage specified in the contract did not match the reality and therefore the buyer later wanted to withdraw from the contract.
The Supreme Court confirmed that the buyer was entitled to withdraw from the contract.
According to the Supreme Court, in the case of consumer goods guarantees, it is necessary to distinguish between liability for defects in the legal sense and liability for the fact that the subject-matter of the purchase is in accordance with the purchase contract when the buyer accepts it. The mileage is one of the essential legal factors in the sale of a motor vehicle, and according to the Court the seller could not be freed from the liability.
Â (Decision of the Supreme Court of the Czech Republic from 15.9.2017, file no. 32 Cdo 5153/2016)