Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ Where the work is so de­fect­ive or de­vi­ates from the con­trac­tu­al terms to such an ex­tent that the cus­tom­er has no use for it or can­not reas­on­ably be ex­pec­ted to ac­cept it, the cus­tom­er may re­fuse ac­cept­ance and, if the con­tract­or is at fault, seek dam­ages.

² In the case of minor de­fects in the work or only slight de­vi­ations from the con­trac­tu­al terms, the cus­tom­er may re­duce the price in pro­por­tion to the de­crease in its value or re­quire the con­tract­or to rec­ti­fy the work at his own ex­pense and to pay dam­ages if he was at fault, provided such rec­ti­fic­a­tion is pos­sible without ex­cess­ive cost to the con­tract­or. In the case of rec­ti­fic­a­tion free of charge, Art­icle 366 para­graph 2 ap­plies mu­tatis mutandis.²⁵⁷

^2bis Any pri­or agree­ment lim­it­ing or ex­clud­ing the right to rec­ti­fic­a­tion free of charge is in­val­id if the de­fect af­fects a struc­ture.²⁵⁸

³ In the case of works pro­duced on the cus­tom­er’s land or prop­erty which by their nature can­not be re­moved without dis­pro­por­tion­ate det­ri­ment, the cus­tom­er has only the rights stip­u­lated in para­graph 2.