Consumer Rights Advocacy League
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Consumer Rights
Guarantees or warranties.
When buying goods and services, we are all used to being told that what we’ve bought is covered by a ‘guarantee’ or ‘warranty’. But what does this mean, and what benefit can we expect to receive if we have to make a claim for faulty goods or shoddy workmanship?
Rights and Responsibilities
Eight Basic Rights of the Consumer under the united Nations Guideline of 1985.
1. Right to safety
2. Right to choose
3. Right to redress
4. Right to information
5. Right to consumer education
6. Right to representation
7. Right to Basic Needs
8. Right to a healthy environment.
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What is a guarantee?
A guarantee is most often issued by the manufacturer of goods such as electrical equipment, or by a company that has provided a service, such as replacement windows. It is normally provided free of charge at the time you buy the goods or services. A guarantee is considered in law to be an agreement to provide some benefit for a set period of time in the event of the goods or services being defective. Usually, the guarantee undertakes to carry out free repairs for problems that can be attributed to manufacturing defects. Manufacturers are not legally obliged to provide you with a guarantee, but if they do, it must be in plain English and clearly explain how to make a claim.
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What is a warranty
A warranty provides the same sort of cover that a guarantee does, but often you have to pay extra for it – for example, many electrical stores offer a warranty for cover against the cost of repairs and replacement parts for up to five years after purchase. Effectively, these sorts of warranties are insurance policies, issued by and underwritten by insurance companies. Just to confuse matters, these can sometimes be known as ‘extended guarantees’ or ‘extended warranties’!
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What legal protection do I get with warranties and guarantees? As both are contracts, warranties and guarantees give you the right to make a legal claim against the person issuing them (guarantees are contracts because the Sale and Supply of Goods to Consumers Regulations 2002 say that they are). This means that if the manufacturer refuses to honour the warranty or guarantee, you can take them to court to force them to meet their promises. For example, if the company that issued the warranty will not carry out a repair within a reasonable time when the guarantee says it will, you could sue for the cost of employing someone else to put the problem right. You need to follow certain procedures before you do this, see ‘Services – how to solve your problems’ leaflet.
However, it is important to remember that both warranties and guarantees are in addition to your statutory rights under either the Sale of Goods Act 1979 (as amended) or the supply of goods and services Act 1982 (as amended). If you have problems with goods or services, it is best to go back to the company from which you bought them, as the law considers them to be responsible for any problems under their contract with you. See our leaflets on ‘Buying goods’ and ‘Buying services’ for more information on your rights under contract law.
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What are my rights?
Under the Trade Practices Act, when a consumer purchases goods or services certain conditions and warranties are implied into the transaction.
These statutory conditions and warranties provide consumers with a basic level of protection for goods and services they purchase.
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How am I protected?
Services.
Under the statutory warranty provisions of the Trade Practices Act, services must be carried out with due care and skill. There is also an implied warranty that any materials used in connection with the services will be fit for the purpose for which they are supplied. If you make known to the service provider the purpose or result that you want the services to achieve, there is an implied warranty that the services will be fit for that purpose. But as a consumer you also have a responsibility to ensure that you have made it clear to the service provider what it is you want done.
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Goods.
Under the Act the consumer is entitled to expect to enjoy quiet possession of the goods and to own the goods outright, subject lawful restrictions made known the consumer before purchase.
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CONSUMER RIGHTS
Find out more information about Cral and consumer rights
As a consumer, goods that you purchase must:
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Be of merchantable quality – goods have to meet a basic level of quality and performance given the price and description of the goods.
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Be fit for the purpose – goods must do the job you made clear to the supplier you wanted them to do or that are implied from the circumstances in which you purchased the goods.
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Match the description or sample given to you before purchase, whether through a catalogue, labeling, packaging, on a website or in person.
Remedy or appropriate action.
If you believe that one of these conditions or warranties has not been met, you have a choice of possible actions that may be available depending on the circumstances.
If you find you have a problem with goods or services, you should stop using the goods and approach the seller or the service provider as soon as possible to explain the fault or problem. You can also explain your preferred remedy to the situation or problem, taking into account that the Act is not designed to protect consumers who are careless or unreasonable in their demands.
You may want to ask the service provider to repeat the service, or pay for the service to be repeated. You may want to ask that the goods be repaired or replaced or pursue a refund. Sellers are not required to provide you with a refund if you have simply changed your mind or you find a similar or the same item more cheaply elsewhere.
Voluntary warranties.
Sometimes businesses provide a voluntary warranty. As examples, you may be offered a three-year warranty for a car, or a one-year one for a refrigerator.
These are provided voluntarily by the seller and generally provide a higher level of customer service when problems arise after the sale.
The trade practices Act does not require any business to provide a voluntary warranty. However, sellers are legally obliged to stand – by their voluntary warranties, once put in place.
The general rules is that if promises are made, they must be kept.
What the CRAL can’t do about warranties and refunds.
The CRAL cannot being an action against any corporation for a breach of the conditions and warranties implied into consumer transactions by the Trade Practices Act. This means that you, as the consumer, must negotiate with the seller or service provider or, when necessary, pursue legal action on your own behalf.
Who can help me?
1. Try to resolve the issue with the trader yourself.
2. Put your complaint in writing. Outline the date of purchase, your problem and your preferred remedy.
3. If this doesn’t produce a satisfactory result, and your complaint involves a local business, you can contact our office or relevant regulatory body such as, NCC, Consumer Protection Council, Standards Organization of Nigeria (SON) and NAFDAC.
These are government agencies responsible for state consumer protection and they may be able to provide you with further help.
HINT.
With any guarantee or warranty, you should never just assume the level of cover. It is essential that you read the terms and conditions at the time they are given to you, so that you can challenge any you don’t like, or try to negotiate better cover. As it is, the warranty company is probably entitled to rely on this exclusion clause. Don’t forget, however, that you still have a contract with the dealer or finance company who sold you the product. You might want to argue, under the Sale of Goods Act 1979 (as amended) that this is an unreasonable fault to have developed so soon after purchase and that the dealer is in breach of contract.