Defective performance

Defective performance is distinct from non-performance: something is delivered or done, but not as owed. In Swiss law it may trigger general contractual remedies, special warranty regimes for sales, leases, work contracts or mandates, and possible damages where fault or other requirements are met. The buyer or client often must inspect and notify defects promptly, especially in commercial contexts. Remedies may include repair, replacement, price reduction, rescission, damages or withholding performance, depending on the contract type and defect.