At the time of purchase of the product or when defects are found in it, the consumer asks whether there is a warranty period for the product purchased by him? When does the warranty period start to run? And is the detected defect the basis for contacting the seller for warranty service?
WHAT IS THE WARRANTY PERIOD?
According to paragraph 5) of Article 1 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”, the warranty period is the period of time during which the seller (manufacturer, performer) guarantees the quality of the goods (work, service) provided that it is properly used and stored by the consumer.
IS THE SELLER (MANUFACTURER, PERFORMER) OBLIGED TO PROVIDE A WARRANTY PERIOD?
The Law “On Protection of Consumer Rights” does not provide for the obligation of the seller or manufacturer to establish a warranty period for the goods they create and sell. But the law assigns such a right to the seller, manufacturer and performer.
Thus, in accordance with Article 23 of the Law “On Protection of Consumer Rights”, the manufacturer (executor) has the right to establish a warranty period for goods (works, services), unless otherwise specified by the legislation of the Republic of Kazakhstan. If the consumer detects a lack of goods (work, services) during the warranty period, the manufacturer (executor) is obliged to satisfy the requirements of the consumer in relation to the goods purchased by him.
WHEN DOES THE WARRANTY PERIOD START TO RUN?
The warranty period begins to be calculated from the moment the goods are transferred to the buyer, unless otherwise provided by the contract between the parties (paragraph 2 of Article 17 of the Law “On Protection of Consumer Rights”).
In exceptional cases, the warranty period is calculated as follows:
- when selling goods by samples, by mail, as well as in cases where the moment of conclusion of the contract of sale and the moment of transfer of the goods to the consumer do not coincide, the warranty period is calculated from the date of transfer (delivery) of the goods to the consumer;
- if the product needs a special installation (connection) or assembly, the warranty period is considered from the date of its installation (connection) or assembly;
- if the consumer is deprived of the opportunity to use the goods due to circumstances depending on the seller (manufacturer), the warranty period is not calculated until the seller (manufacturer) eliminates such circumstances;
- if the day of transfer (delivery), installation (connection) or assembly of goods, elimination of circumstances dependent on the seller, due to which the consumer cannot use the goods for their intended purpose, cannot be determined, this period is calculated from the date of conclusion of the contract of sale (paragraph 2 of Article 17 of the Law “Consumer Protection”).
REASONS FOR APPLYING FOR WARRANTY SERVICE
If a warranty period is established for the product , the consumer has the right to make claims related to the shortcomings of the product, if they are discovered during the warranty period (paragraph 2 of Article 17 of the Law “On Protection of Consumer Rights”). That is, the basis for applying for warranty service is the discovery by the consumer of defects in the product during the warranty period.
WARRANTY PERIOD FOR THE COMPONENT PRODUCT
The warranty period for component parts most often corresponds to the period for the main product. In some cases, the warranty period may be shorter or longer than for the main product.
In the event that a warranty period of a shorter duration is established for component products in the contract than for the main product, the consumer has the right to submit claims for the elimination of the detected shortcomings of the component product during the warranty period for the main product.
If a warranty period of a longer duration is established for a component product in the contract than the warranty period for the main product, the consumer has the right to make claims for the elimination of defects in the component product found during the warranty period for the specified product (paragraph 2 of Article 17 of the Law “On Protection of Consumer Rights” ).
Therefore, the expiration of the warranty period for the main product does not exclude the right of the consumer to apply for the elimination of defects in the component product if the warranty period for it has a longer duration.
IF THE WARRANTY PERIOD IS LESS THAN 2 YEARS
In cases where the warranty period provided for by the contract is less than 2 years and the defects of the goods are discovered by the consumer after the expiration of the warranty period, but within 2 years from the date of transfer of the goods to the consumer, the seller (manufacturer) is liable if the consumer proves that the defects of the goods arose before the transfer goods to the consumer or for reasons that arose before that moment (clause 2 of Article 17 of the Law “On Protection of Consumer Rights”).
Thus, in case of detection of defects in the goods after the expiration of the warranty period, but within 2 years from the date of purchase, the consumer is obliged to prove that the defects found arose before the transfer of the goods to him. Such evidence may be an act of the technical condition of the goods or another document received by the consumer as a result of his technical examination. Establishing the fact that there is a defect in the product that arose before it was transferred to the consumer entails the obligation for the seller to eliminate it.
IF THE PRODUCT IS NOT UNDER WARRANTY
If a warranty period is not established for the goods, then claims related to the defects of the goods may be presented by the consumer, provided that the defects in the sold goods were discovered by him within 2 years from the date of transfer of the goods to the consumer, unless longer periods are established by the legislation of the Republic of Kazakhstan or an agreement (paragraph 2 of Article 17 of the Law “On Protection of Consumer Rights”).
Paragraph 4 of Article 30 of the Law “On Protection of Consumer Rights” provides that in relation to goods for which the seller (manufacturer) has not established a warranty period, the seller (manufacturer) is liable for defects in the goods if the consumer proves that they arose before it was transferred to the consumer or for reasons that have arisen up to this point.
It should be noted that the seller (manufacturer) is responsible for the shortcomings of the sold (manufactured) goods even when he did not know about them. The agreement on the release of the seller (manufacturer) from liability or its limitation is invalid.
Thus, if the consumer provides evidence of the shortcomings of the goods that arose before its transfer to the consumer, the consumer has the right to demand that the seller (manufacturer) eliminate the shortcomings of the goods discovered by him.