Facts
The plaintiff, a company for high-tech products, sold 10,000 units of [B.] -devices to the defendant, a distributor of carbonated water devices. The defendant later complained about defects in the delivered devices, particularly in the carbonation rods. The Commercial Court of the Canton of Aargau affirmed the defendant's right of rescission both due to the incorrect thread specification and the defects in the carbonation rods. The plaintiff appealed against this judgment.
Considerations
The Federal Supreme Court upheld the judgment of the Commercial Court. It stated that the defendant had a right of rescission with regard to the entire remaining delivery quantity, as just under a quarter of the delivered devices were defective, particularly due to faulty carbonation rods. Since these latent defects only became apparent during continued use, the defendant could not be expected to…