Why do I need a warranty period for the goods?
Why do I need a warranty period for the goods?
The warranty period plays a big role in protectingrights of consumers. Its concept is clearly defined in the law, but in practice there are many questions related to it, for example, what to do if the seller and the manufacturer have different warranty periods for the same product? What should I do if the product is found to be defective after the warranty expires?
Establish a warranty period is the right of the selleror the manufacturer of the goods. It is assumed that during this time the goods will function properly. The legal value of the warranty period is that if the product is found to be deficient in the product, the consumer may require repair, exchange, refund or reduction of the price of the goods, and such claims are subject to satisfaction without clarifying the reasons for the shortcomings of the goods.
Often, sellers establish their warrantyand mislead shoppers about the possibility of requiring repair or return of a defective product after the expiration of the warranty. However, the Law "On Protection of Consumer Rights" provides that the seller sets its warranty period only if it is not set by the manufacturer. If the product has a warranty period of the manufacturer, the seller can establish a warranty period only equal to him or more.
Who should submit requirements related toDefects of the goods: the manufacturer or the seller, the consumer chooses independently. Within the manufacturer's warranty period, the buyer can present a quality claim to the manufacturer and the seller. If the period established by the manufacturer has expired, the requirements can be addressed only to the seller who wishes to establish a longer warranty period.
The warranty period starts to flow from the momenttransfer, delivery of goods to the buyer and resumes from the very beginning after the return of the goods from repair. But, if you can not determine the date of transfer of the goods, the warranty period starts from the date of manufacture of the goods.
If the goods are transferred to the consumer, but he can notto start its operation due to shortcomings, or the need for assembly, etc., the beginning of the warranty period is postponed until such deficiencies are eliminated.
Specifically, the warranty period forseasonal goods - it begins to flow with the onset of the corresponding season. The dates of the beginning and the end of the seasons are in each subject of Russia and are established by the decisions of local governments. The consumer's claim regarding the shortcomings of the goods can be declared and before the beginning of the warranty period, if they are discovered before the start of the season.
Abusing their position, sellers sometimesoffer buyers to purchase for a fee additional certificates of warranty service, including services that are in fact their duties under the law. Therefore, the buyer should carefully read the contents of the certificate and, if its term coincides with the warranty period, it is most likely impossible to call such services additional.
If the seller refuses warrantyobligations in connection with the incorrect filling of the guarantee coupon, it violates the rights of consumers and can be brought to administrative responsibility. Also, the seller's statement that during the warranty period he does only service of the goods, and does not accept it back or exchange, does not comply with the law.
The expiration of the warranty period does not preventprotection of the consumer's rights in the event of defects in the goods. However, the consumer will have to prove that flaws in the product arose before he received it.
