The Swiss Federal Supreme Court confirmed the validity of an exclusion of warranty (disclaimer of liability) in a sale contract because the seller lacked actual knowledge of the hidden defect at issue and thus had not fraudulently concealed it under article 199 of the Swiss Code of Obligations (SCO).

The Federal Supreme Court clarifies the conditions for risk transfer under the CISG and joint liability under the SCO. The Court confirms that when it comes to sales contracts involving transportation of goods, risk remains with the seller until the goods have been delivered to the carrier, and that joint liability can be established through contractual form as well as subsequent conduct.

The existence of good cause denied in unilateral termination of a long-term IT contract, despite claims of outdated equipment, repeated technical issues and poor maintenance services.