Monday, May 16

Acodeco points out to consumers the importance of the guarantee when purchasing products

Given the complaints of some consumers about the breach of the guarantee, the Authority for Consumer Protection and Defense of Competition (Acodeco), pointed out that it constitutes the support that consumers have, from the moment they acquire a product or service.

The guarantee ensures that the operation is adequate, fulfilling the established purpose.

The manufacturer, importer, distributor and supplier are obliged to respond for the guarantee of a good to the respective client. In addition, the consumer may directly demand the guarantee from the manufacturer or from any of the intermediaries.

The supplier may not evade the obligation to grant the guarantee granted to the consumer, under the pretext of delegating it to the intermediary or manufacturer (art. 55 of Law 45 of 2007).

The supplier and intermediaries may not provide a lower guarantee than the one they receive from the manufacturer; but they will be able to agree on a higher one and will be obliged to strictly comply with it.

The legal guarantee will be three months, in the case of new goods, without prejudice to a lower guarantee depending on the nature and price of the good.

In any case, it will be computed from delivery, with the parties agreeing on a longer warranty period, depending on the value or complexity of the asset (articles 20 to 31 of Executive Decree No. 46 of June 23, 2009). .

There are 3 response mechanisms for suppliers regarding their obligations in the guarantee, which are: repair, replacement and return of the amount paid.

The repair of the good under warranty corresponds, at no cost to the consumer, within the term of the same.

In the case of large artifacts, the withdrawal for the transfer to the authorized workshop is free of charge for the consumer, from the place where the good was delivered at the time of purchase (depending on the analysis of each case).

The replacement of a good occurs when it is verified that the consumer has not been able to use it from the beginning; in case of irreparable damage to the property; made several repairs to the product (each case is analyzed); and when the supplier exceeds the term of 30 days, to deliver the good properly repaired to the consumer.

The return of the amount paid is given when it is not possible to replace the good under warranty, and when the term of 30 days is exceeded in responding to the consumer, by replacing the product.

Everything indicated will depend on the particular situation of each complaint submitted to Acodeco, by virtue of the provisions of Law 45 of October 31, 2007.

In addition, it is important to know the conditions of the guarantee, which must be described in the respective certificate or instructions. Request the guarantee in writing, and in case of any doubt about it, ask the seller or customer service representative.