Clipping of news on Brazilian Culture, Law and Citizenship
07/10/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Understand what it is and how to act to find that a product has a manufacturing defect, even if the contractual warranty period has already ended
Much of the number of product-related claims - especially those considered durable - both consumer protection agencies, and in the judiciary, are attributed to situations involving addictions. But, after all, that this term refers?
According to the CDC (Consumer Protection Code), when the product does not achieve the purpose it is intended, is with addictions - better known as defects and malfunctions resulting from its manufacture, not the misuse or normal wear.
These defects can be: apparent, ie, those that the consumer can identify so start using the product or hidden, that only manifest after some time of use, with its hard finding by the consumer.
In the case of visible defects, manufacturers typically report more clearly the conditions for exchange of product or service. However, when it comes to hidden defect, manufacturers, sellers and traders tend to say that the arrangements in relation to the defect may only be taken during the term of the warranty.
But what guarantee would that be? That granted by the Supplier, or that in the Code of Consumer Protection?
How we deal with manufacturing defects, the law itself gives a deadline for the consumer make his complaint to the supplier and demand compensation for the defective product. In this term, we call legal guarantee that she will and will assist the consumer in time to claim the defects (defects), mostly hidden.
According to Article 26 of the CRC, when faced with an apparent defect, the deadline for claims is 30 days for non-durable goods (food, toiletries, among others) and 90 days for durable goods (furniture, appliances, cars , etc.), counted from the date of actual delivery of the product to the consumer.
In the case of latent defects, deadlines for complaint are the same as those noted above, however, the big difference will be given at the time when these deadlines start counting. Unlike the apparent defects, latent defects in the law itself provides that the time limits are counted from the time the defect is detected by the consumer.
The CDC bothered to make such a difference, because it is not expected that a relatively new or even have used for a while defective product. And for this, the consumer must take into consideration the average lifetime of the product. For example, it is not expected that a product such as a computer or a tablet only works for a year (usually the warranty period given by the supplier) and then will be free from defects.
Moreover, in accordance with Article 18 of the CRC, if the product fails, the consumer can complain to the manufacturer so as to store where you bought the goods, whichever is most convenient to the consumer, with a view to joint and several liability between them.
Thus, if the problem posed by the product is characterized as latent defect, the consumer can and should complain, requiring the supplier to sane addiction without any additional cost to the consumer.
We must be attentive to the deadline for making the complaint. If the consumer fails to do so within the time limit, you lose the right. It is also worth remembering that the supplier is liable for latent defects resulting from manufacturing itself, but is not responsible for normal wear and tear caused by the continuous use of the product.
Source: IDEC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.