Pay attention to Warranty on goods

 

Published in the The Sunday “Outlook” Magazine on December 5, 2004


Should there be an extra charge on an item in order to purchase warranty?
The Sale of Goods Act speaks to an Implied Warranty in Contracts for Sale when such agreements are silent on the existence of a warranty, or where there is no formal written contract. This implied warranty requires that a product perform the function for which it was purchased and as such should be of “merchantable” quality. There should therefore not be an “extra” charge per se for warranty in the retail sale of consumer goods.
In instances where vendors require customers to pay for warranty, this may be allowed when a minimum acceptable warranty already exists on the product and the warranty being sold represents additional coverage either in terms of extending the life of the warranty or increasing the conditions under which the vendor may repair, refund or replace the item.
One exception however to the existence of an implied warranty, is in relation to the “As is Where is” clause, whereby a vendor may sell an item without providing warranty but nevertheless has a responsibility to inform the customer of the actual condition of the product being purchased. In relation to the purchase of motor vehicles, the buyer also has a duty to make himself/herself aware of the vehicle’s condition. Full disclosure on the part of the vendor offers protection from claims of misrepresentation or liability in the event that the item malfunctions. When a consumer signs such a contract, it implies that he/she is aware of the condition of the unit at the point of purchase and is therefore responsible for effecting repairs should the need arise.

CAC Advice:
The strongest case for the purchase of warranty arises when the buyer is aware of circumstances, which places the product at increased risk of damage and would be unable to do without its service or replace it out of pocket, and so pays for additional coverage. Before handing over your cash, ask that assurances are given in writing and signed, and as with any other prudent after purchase precaution, make sure to retain your receipts as well as a copy of the written agreement.
If the item begins to malfunction, make sure to report it to the vendor as soon as possible before the warranty period expires and keep a record of the date(s) on which you make your report(s). In many instances, the vendor may stipulate conditions under which the warranty may become void, often in relation to the effecting of repairs or modifications without their prior knowledge and agreement. Consumers should also pay close attention to the extent of coverage being offered especially in relation to appliances and electronic gadgets for which warranty may be offered only on certain components of the product.
In instances where the item has to be repaired on several occasions, it is advisable that an independent opinion be sought in order to prevent the possibility of being left with a “lemon” (defective product) when the warranty period expires.
Should the vendor explicitly state that there is no warranty on a product, as in instances when consumers are advised that there is no exchange or refund, this falls under the category of “buyer beware” and should be a decision criterion as to whether or not one should patronize a particular enterprise.

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Updated by: Consumer Affairs Commission - RIC Unit (December 2004)