However, the contractual warranty is that the manufacturer or supplier voluntarily supplements your product, which means that not all items will have this type of insurance. Its validity begins from the date of issue of the invoice, with the conditions imposed by the company – usually established in the « warranty period ». The extended warranty, usually offered by stores with terms such as « super warranty », is partially contracted. It is usually offered by another company that has nothing to do with the manufacturer and is insurance against product defects. Analysing the issue, the rapporteur, Senator Dário Berger (MDB-SC), noted that the intention of PLS 90/2012 is only to transpose into law the interpretation already consolidated by the Supreme Court (STJ). According to the Court, the duration of decadence does not run during the contractual guarantee period. Flexa considered the amendment important because it noted that, if there is a contractual guarantee, its duration will be included for all purposes within the decadent time limits provided for in Article 26 of the CCC. The contractual guarantee© is the one that some suppliers offer to the customer, very often when purchasing electrical equipment and electrical domes©. Imported products The rule for imported products is slightly different. If the company has representatives in Brazil, it must follow the country`s rules. Therefore, the legal deadlines for the complaint are the same, 30 days for non-durable products and 90 days for durable products. 74. failure to provide the consumer with the duly completed warranty period with a clear specification of its contents; Another recurring issue concerns window pieces – items that are displayed in stores and usually sold in liquidation at a higher price.
Even if companies refuse to do so, these products have a legal warranty. For example, if you buy a laptop and decide to rent the security package sold by the establishment or brand of the product, this will be added to the 90-day warranty of the durable product. This means that if the contractual warranty is 12 months, the laptop is protected against possible services for 15 months. The after-sales guarantee is a consumer`s right©, but not everyone knows its deadlines and rules. We have clarified your questions on the subject. In this type of warranty, there are also three modalities: the original, whose coverage corresponds to the manufacturer`s contractual insurance, but you have an advantage, for example, the immediate replacement of the product; extending the addition of the time limit to the original manufacturer`s warranty; and differentiated ones in which you also have benefits, but the insurance period is shorter than the initially extended insurance period. However, not everyone seems to really understand the rules and deadlines that this mechanism implies ©. Did you know, for example, that the CDC guarantees every item, even if the seller doesn`t offer it? Or that the warranty on a smartphone© is different from that of cosmetics©? The Consumer Protection Code stipulates that the contractual guarantee complements the legal guarantee.
Therefore, please note the contractual warranty periods, because for durable products (electronics, etc.) it is usually 9 months or 1 year. If it is 09 months, the consumer has 1 year to trigger the guarantee in case of defects, since the sum of the contractual guarantee is made with the legal 03 months or 90 days. When buying a new product, you may have already wondered if this item has a warranty, and many questions arise when it comes to PRODUCT WARRANTY, after all, it is possible to find at least three types of guarantees, legal, contractual and extended. Many people choose to buy the product that is displayed or in the storefront because they usually have discounts. What many don`t know is that according to the Consumer Protection Act (CDC), these products have the same warranty as the products sold in the box. But what is the difference between them? When will each of them be applied and what is your legal prognosis? Is the warranty eternal or does the period end? What not everyone knows is© that this guarantee© complements the one defined in the Consumer Protection Act. That is, it does not replace the legal warranty. The legal guarantee is dealt with in Article 26 of the CCC, which provides for a period for the consumer to complain about defects in products or services.
The aforementioned article makes no reservation or exception to withdraw the warranty of the products displayed. To understand how the warranty works©, you first need to know the types of products and services it covers. This is because the regulations© are different for each of them. Understand: What many people do not know is that in the case of a hidden defect – this defect that is only demonstrated after a certain period of use of the product – the duration of the legal warranty begins to count from the moment this defect is verified. In general, it`s not worth paying for the extended warranty unless the contract actually offers a benefit. Before choosing it, it is recommended to inquire about the insurance modality and to request and carefully analyze a copy of the contract or policy. Before claiming any type of extended warranty, ask to read the policy and examine what is actually covered by this type of warranty and what is not. However, if the defect is not as noticeable and occurs only after a certain time, you have the duration of the legal warranty, calculated from the moment the defect is discovered, to demand one of the alternatives provided for in the CDC. When buying a new product, you may have wondered if this item is guaranteed.
You don`t have to worry too much, the answer is simple: the right one exists. « Unlike the legal guarantee against adequacy, the legislation does not establish a criterion for the consumer to benefit from the contractual guarantee, which leads to many conflicts in the consumer relationship, » notes Amorim in the justification of the project. § 3° In the case of latent defects, the duration of decadence begins at the moment when the defect is obvious. However, if you purchased the product in another country and there is no representative in Brazil, the rules of the place where the item was purchased will apply. In this way, Idec recommends that you carefully read the warranty conditions and inform yourself about repair options before purchasing. The legal guarantee is established by the CDC (Consumer Protection Code) and is independent of the contractual guarantee. The law guarantees and emphasizes this. So you have 30 days to complain about problems with the product if it is not sustainable (for example, a food), or 90 days if it is durable (for example, a washing machine). The period begins from receipt of the goods. As a consumer, you need to understand your rights when making a purchase and what to do if you receive a product that is damaged or does not match the information.
With that in mind, we`ve prepared this warranty guide and clarified the questions about it. However, if the item has been exchanged and it still has the same or other defects in less time than its useful life, the exchange can take place, since the legal and contractual warranty period must be counted from the moment of delivery of the new item. The legal warranty period (provided by the Consumer Protection Act (CDC) for products and services may be counted at the end of the contractual warranty period (signed at the time of purchase of the good or service) if the customer opts for such additional coverage. The Commission for Transparency, Governance, Supervision and Consumer Protection and Control (CTFC) adopted on Wednesday (PLS 90/2012) the draft law (PLS 90/2012) establishing this change in the CDC. The CDC also provides for the possibility of another type of guarantee, called contractual or extended, which complements the legal guarantee. The extended warranty is described in Article 50 of the same code and, although it is not mandatory, must be provided in writing with all the necessary information for the consumer to use it. § 1 – The counting of the period of decadence from the actual delivery of the product or the end of the execution of the services begins. This period is counted from the moment of receipt of the product, unless the problem encountered is a hidden game,© i.e. which was not detected at first.
In this case, the time limit shall be determined on the© basis of that identification. Currently, the CDC sets a 30-day deadline for consumers to complain about obvious problems with unsustainable products and services, and 90 days for sustainable products. This is the legal warranty period to be granted by the supplier. Called a decadent term, it begins to be counted from the actual delivery of the product or the end of the performance of the service. What we mean by warranty is considered a right of claim by© the CDC. Article 26 stipulates that the consumer has© a maximum period of 30 days to complain about the apparent or easy recovery of non-durable products or services. The delay is longer© in the case of the last one: 90 days. If you have purchased a defective product or had problems with a contracted service, you have followed all the steps described in the text and even then your warranty has not been fulfilled, trigger PROTESTS. If the product is covered by the contractual warranty, the duration remains the same.