The purchase of used industrial machinery represents a common strategy for many manufacturing companies in Milan and Lombardy, allowing for cost optimization without sacrificing production capacity. However, when the purchased asset reveals defects not visible at the time of delivery, the transaction can turn into a significant economic loss, causing production downtime and unforeseen repair costs. As an attorney specializing in damages compensation and commercial law, Avv. Marco Bianucci perfectly understands that for an entrepreneur, time is money and a defective machine requires swift and decisive legal action.
Legal protection in the sale of used machinery
In the context of B2B (Business to Business) transactions, Italian law offers specific guarantees to the buyer, primarily governed by articles 1490 et seq. of the Civil Code. The seller is obliged to guarantee that the sold item is free from defects that render it unfit for the use for which it is intended or that significantly diminish its value. We speak of hidden defects when the flaws were not known to the buyer at the time of the contract nor were they easily recognizable with normal diligence. It is crucial to distinguish between a simple defect, the lack of promised qualities, and the delivery of aliud pro alio (delivery of something completely different from what was agreed upon), as the protections and prescription periods can vary significantly.
A critical aspect in these disputes is compliance with the terms of forfeiture and prescription. Normally, the buyer has the burden of reporting defects to the seller within eight days of discovery, unless otherwise agreed by contract, and the action is time-barred one year from delivery. Failure to meet these strict deadlines can irrevocably compromise the right to compensation or contract termination. For this reason, the advice of an expert professional is crucial from the very first signs of machinery malfunction.
Bianucci Law Firm's approach to industrial disputes
Avv. Marco Bianucci, an attorney specializing in damages compensation in Milan, handles cases of hidden defects in industrial machinery with a pragmatic approach focused on business results. The firm's strategy is not limited to a simple formal notice but includes an in-depth analysis of the sales contract and, often, the immediate use of rapid procedural tools such as the Preliminary Technical Assessment (ATP). This tool allows for