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Guiding the dealer warranty

09.10.2015

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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? Product Warranty is one of the most debated topics in the lectures to suppliers, the Procon-SP promotes, and is a major doubt those seeking our "Frequently Asked Questions" on the website. So stay tuned to our guidelines. 

One of the most common questions concerns the difference between the legal guarantees, contractual, and extended. So let's start by explaining each of these modes: 

Warranty Legal: is described in Article 00:26 of the Consumer Protection Code; every product has, regardless of the supplier offering "warranty term" in writing. The term it is 30 days (for non-durable goods and services) and 90 days (for durable goods and services) *, starting from the actual product delivery or completion of service execution. 

During the legal guarantee, the supplier is responsible for any product, even if used, respected the natural wear well and vices * who were told at the time of hiring. In the case of latent defects, the time-limit begins at the moment when it becomes evident. 

Contractual guarantee: in accordance with Article 50 of the Consumer Protection Code, is granted by the text written by supplier, stating which conditions offered. It adds to the legal guarantee, being complementary to it; ie if the manufacturer provide one year warranty, the time it will be one year plus 90 days. 

The guarantee or equivalent shall be delivered with the product, accompanied by instruction manual - in simple, didactic language and in Portuguese. The term must have consumer information on their conditions, such as run, for example. 

Stretched Guarantee: is a type of insurance by the Superintendency of Private Insurance (SUSEP). This resolution provides for the offer at the time of purchase of goods or during the term of their original factory warranty and is made possible its renewal. 

This possibility is to provide the consumer the extent and / or complement the original factory warranty, provided in the contract of sale of goods by the premium payment.

The extended warranty shall be given by written text and with all the necessary information to consumers for their exercise: Who is responsible for this guarantee, over what period of time, what it covers or does not cover, for example. 

It can be of responsibility of the manufacturer, importer, retailer or marketer. 

Now that you know a little more of each modality, it is important you know that:

- The contractual guarantee document must be completed by the supplier, because failure to do so is a crime against relative consumption, as described in Article 74 of the Consumer Protection Code (arrest of one to six months or a fine).

- During the warranty period, the supplier must take steps to remedy a defect shown on the product or service bearing any expenses necessary for such measures, such as price of shipping and technical assistance. There can be the passing on those costs to the consumer.

- If a defective product, is exchanged, should be granted a new term assurance, duly completed and accompanied by a specific bill of exchange. The issue of a new invoice will not lead to new collection of VAT, since it will be a bill of exchange, regulated by Decree No. 51,689 / 07 (RICMS 2000) and sale.

- The legal guarantee also applies to used product. It is essential that the supplier to describe in detail the possible defects that the product / service has, since it is the consumer's right to receive information clearly and accurately.

- It is not sufficient to include clause to inform the consumer that he is purchasing the product in the "state" that is, and is not entitled to return. This term is unfair therefore not valid.

 - The consumer is second only guaranteed when it finishes its run, or when the supplier to prove that the defect shown on the product or service is the result of misuse by the consumer.

Our next theme of the series will offer products and services. Wait!

* Examples of durable goods: home appliances and electronics, automotive, garments, among others. It is no more durable product is one whose use or consumption results in immediate destruction of their own substance. 

** Product with addiction is one that has a defect that brings no risk to consumer health and safety. Examples: An electronics that does not work or an outfit with manufacturing defect.

Source: Procon-SP

 

To access the Procon-SP site, click here.

 

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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