Civil Code Article 364
This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.
When the thing sold is a thing designated only as to its kind, and the thing is defective, the buyer may, instead of rescission of the contract or a reduction of the price, immediately request the seller to deliver in exchange another thing free from defect.The seller is also bound to warrant that the thing delivered in exchange under the preceding paragraph is free from defect.
中文原文 民法第364條
買賣之物，僅指定種類者，如其物有瑕疵，買受人得不解除契約或請求減少價金，而即時請求另行交付無瑕疵之物。
出賣人就前項另行交付之物，仍負擔保責任。
出賣人就前項另行交付之物，仍負擔保責任。