Consumer Rights in Product Warranties
Implied and Expressed Warranties
Warranties can be categorized into two types: express and implied. Express warranties are those that are clearly stated by the seller or written into a contract. Implied warranties are unwritten guarantees that a product should be of a certain standard or quality. In the Philippines, consumer rights and product warranties are primarily governed by the Consumer Act of the Philippines (Republic Act No. 7394).
Types of Implied Warranties
Warranty of Merchantability: This implied warranty means that the goods must reasonably conform to an ordinary buyer’s expectations. For instance, a car should run properly if it is sold as a functioning vehicle.
Warranty of Fitness for a Particular Purpose: If a seller knows the specific purpose for which a consumer is purchasing a product, then that product must fit the described purpose.
When Can a Consumer Invoke Implied Warranty?
Consumers can invoke their right to an implied warranty when:
- The product does not conform to the standards expected for such goods.
- The product fails to serve its intended purpose as known by the seller.
Legal Remedies
Replacement: The consumer can demand a new unit that is free from the defects plaguing the initial purchase.
Refund: The consumer may also opt for a complete refund of the purchase price.
Repairs: If neither replacement nor a refund is possible or desired, the consumer can request that the goods be repaired.
How to Assert Your Rights
Documentation: Keep all records related to the purchase, such as receipts and warranties.
Notice: Notify the seller as soon as you discover the defect or problem.
Legal Advice: Consult a lawyer if the seller refuses to honor your warranty claims to know the best course of action.
Concluding Thoughts
Implied warranties are an essential part of consumer protection law, providing a safety net for consumers against substandard or defective products. Understanding the concept of implied warranty and how to assert this right can be the difference between a resolved issue and prolonged dissatisfaction.