Clipping of news on Brazilian Culture, Law and Citizenship
08/16/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The extended warranty contract for electronics and appliances requires a lot of consumer attention as the coverage. As little clarification there at the time of contracting, the consumer thinks he has hired a security defective protection manufacturing and / or even in the event of theft and robbery. However, when the problem occurs and the insurer is triggered if initiated disorders, because the consumer can not receive the award because of the type of coverage contracted. In this scenario, it has become increasingly common in the service counters, the Procon-ES prepared a warning.
The extended warranty is actually a type of insurance regulated by the Superintendency of Private Insurance (Susep), which has maturity to the legal guarantee and if there is a contractual guarantee originally provided by the manufacturer. The insurance is aimed at extending the warranty supplier of goods purchased and will be sold by a broker specialized insurance, never the seller of electronics store.
Your offer is very common in the purchase of home appliances and electronics. But before hiring is good to be aware that it is safe and, as such, has coverage of exclusion clauses. The extended warranty shall be given by written text and with all the information necessary to the consumer to use. All rights restrictions should be written prominently, facilitating the understanding of the consumer, as well as the whole set of insurance rules.
According to CNSP Resolution No. 296/2013, the extended warranty insurance plans, whose term begins immediately after the manufacturer's warranty, will be required to offer one of the following basic coverage: extension of the original warranty, which includes the same coverage and exclusions offered by vendor warranty; original warranty extension enlarged showing additionally the inclusion of new roofs, since not classified in other specific lines of insurance; and reduced warranty extension, which may accommodate limited coverage compared to those offered by the supplier's guarantee, the latter being guarantee only applies to motor vehicles and goods that have only legal guarantee.
There is also the offer of insurance that does not include repair or replacement of equipment for manufacturing defects, only in case of robbery and theft. So before hiring or extended warranty insurance, consumers should evaluate the cost and benefit and learn about the validity and rights restrictions. You must carefully read the policy and see if there is a need and advantage of acquiring.
The chief executive of Procon-ES, Denize Izaita clarifies that mobile phones insurance include in the policy, coverage by robbery, but nothing is clear to consumers about the difference between simple theft and qualified, who think they are covered on any kind of theft. This type of situation is being plaintiff in Procon State.
"The simple theft is not covered by insurance and is characterized when there is violence or any indication that the object was stolen. But the robbery leaves evidence as a glass of broken car, a door or drawer broken into, for example. For this reason, it is important that the consumer is very attentive to the insurance coverage before hiring him, because in most cases, the coverage is not similar to the contractual coverage provider, very confusing consumers. It is important to know that the coverage of the warranty is the manufacturer's product liability and insurance or extended warranty coverage is liability of the insurer, "says the director.
It is a common trade practice performing collection or extended warranty insurance, embedded in the final value of the product, without prior knowledge of the consumer, or even without proper clarification of what is being hired. This practice is characterized 'tying' and should be denounced.
Hiring extended and insurance are optional and it should be clear to the consumer. The financial transaction related to the acquisition of insurance should be different from that made for payment of the product (invoice), including issuance of their vouchers.
Understand the types of collateral
Cool Warranty: Provided for in Safety Code and Consumer Protection, all product or service purchased, has by law, after the issuance of the invoice, the legal guarantee of 30 days for non-durable products like foodstuff, for example, and 90 days for durable goods such as electronics.
Contractual Warranty: It is when the supplier gives a greater guarantee period 12 months in some cases. This guarantee is optional and not mandatory. The security is reported at time of purchase and the consumer does not pay for it.
Extended Warranty: An extended warranty is a type of insurance regulated by the Superintendency of Private Insurance (Susep). Begins to assert after the legal and contractual guarantee originally provided by the manufacturer. The hiring of this guarantee is optional and the consumer pays for it.
Insurance: Coverage for robbery and theft. The theft is qualified when there is violence or threat in the act and is carried away from the well owner's vision, it is necessary to overcome a barrier / obstacle. And theft when there is violence or serious threat in the act, usually practiced approach the owner of the property, being qualified when the threat is made to bear arms. This type of insurance does not cover quality defects / default manufacturing. The hiring is optional and the consumer pays for it.
Keep the purchase invoice and any other proof related to hiring or extended warranty insurance. In case of problems seek the manufacturer and, if applicable, the insurer. If the problem is not resolved, the consumer must resort to Procon.
Source: Procon-ES
To access the Procon-ES website, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.