Clipping of news on Brazilian Culture, Law and Citizenship
08/25/2016
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 though the contractual warranty period has already ended
Much of the number of complaints related to products - especially those considered durable - both in consumer protection agencies, as the judiciary, are attributed to situations involving addictions. But after all, this term refers?
According to the CDC (Consumer Protection Code), when the product does not achieve the purpose it is intended, it is with addictions - better known as defects and malfunctions resulting from its manufacture, not the misuse or normal wear and tear.
These defects can be: apparent, ie those that consumers can identify soon as you start using the product or hidden, which only manifest themselves after a certain time of use, and its finding difficult by the consumer.
In the case of apparent defects, manufacturers usually report more clearly the conditions for exchange or product support. However, when it comes to hidden vice, manufacturers, sellers and traders tend to say that the arrangements in relation to the defect can only be taken during the term of the warranty.
But what guarantee is that? That granted by the supplier, or that provided for in the Consumer Protection Code?
How we deal with manufacturing defects, the law itself gives a deadline for the consumer to make a complaint to the supplier and demand the repair of the defective product. In this term, we call legal guarantee and will be her that will help the consumer time to complain of defects (defects), mostly hidden.
According to Article 26 of the CDC, when we are facing an apparent defect, the deadline for claims is 30 days for non-durable goods (food, hygiene products, 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, the deadlines for complaint are the same as those noted above, however, the big difference will occur when these deadlines start counting. Unlike the apparent defects, hidden defects in the law itself stipulates that the deadlines are counted from the time the defect is detected by the consumer.
The CDC bothered to make that difference because it is not expected that a relatively new product, or even been used for a while malfunction. And for that, should the consumer take into account the average useful life of the product. For example, you do not expect a product like a computer or tablet to work only for a year (usually the period of guarantee given by the supplier) and soon after will be defective.
In addition, in accordance with Article 18 of the CDC, if the product is defective, the consumer can claim both the manufacturer as to the store where you bought the goods, whichever is more convenient to the consumer, with a view to joint liability between they.
Thus, if the problem posed by the product to be characterized as a hidden defect, the consumer can and should complain, requiring the supplier to sane addiction without any additional cost to the consumer.
We must be aware of the deadline for making the complaint. If the consumer fails to do so within the time limit, you lose the right. Remember, too, that the supplier is liable for latent defects resulting from own production, but is not responsible for natural wear 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.