At the time of purchasing a product or when defects are discovered in it, the consumer wonders whether the product purchased is covered by a warranty period. From what moment does the warranty period start to be calculated? And is the discovered defect grounds 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, contractor) guarantees the quality of the goods (work, service) subject to its proper use and storage by the consumer.
Is the seller (manufacturer, contractor) obliged to provide a warranty period?
The Law "On the Protection of Consumer Rights" does not provide for the obligation of the seller or manufacturer to establish a warranty period for the goods created and sold by them. But the law secures such a right for the seller, manufacturer and performer.
Thus, in accordance with Article 23 of the Law "On Protection of Consumer Rights", the manufacturer (contractor) has the right to establish a warranty period for the goods (works, services), unless otherwise specified by the legislation of the Republic of Kazakhstan. If the consumer discovers a defect in the goods (works, services) during the warranty period, the manufacturer (contractor) is obliged to satisfy the consumer's demands regarding the goods purchased by him.
From what moment does the warranty period start?
The warranty period begins to run from the moment the goods are transferred to the buyer, unless otherwise provided by the agreement between the parties (clause 2 of Article 17 of the Law "On the Protection of Consumer Rights").
In exceptional cases, the warranty period is calculated as follows:
- when selling goods by sample, by mail, and also in cases where the moment of conclusion of the sales contract 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 requires special installation (connection) or assembly, the warranty period is counted from the date of its installation (connection) or assembly;
- if the consumer is unable to use the product due to circumstances dependent 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 the goods, or the elimination of circumstances dependent on the seller, as a result of 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 purchase and sale agreement (clause 2 of Article 17 of the Law "On the Protection of Consumer Rights").
Reasons for applying for warranty service
If a warranty perio is established for the product , the consumer has the right to make claims related to product defects if they are discovered during the warranty period (clause 2 of Article 17 of the Law "On the 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 the contract establishes a shorter warranty period for component products than for the main product, the consumer has the right to make demands for the elimination of discovered defects in the component product during the warranty period for the main product.
If the contract establishes a warranty period for a component product that is longer than the warranty period for the main product, the consumer has the right to make demands for the elimination of defects in the component product discovered during the warranty period for the specified product (clause 2 of Article 17 of the Law "On the Protection of Consumer Rights").
Consequently, the expiration of the warranty period for the main product does not exclude the consumer's right to apply for the elimination of defects in the component product if the warranty period for it is longer.
If the warranty period is less than 2 years
In cases where the warranty period stipulated by the contract is less than 2 years and defects in 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 in the goods arose before the transfer of the goods to the consumer or for reasons that arose before that moment (clause 2 of Article 17 of the Law "On the Protection of Consumer Rights").
Thus, if defects are discovered in the product after the warranty period has expired, but within 2 years from the date of purchase, the consumer is obliged to prove that the defects discovered arose before the product was transferred to him. Such evidence may be a certificate of technical condition of the product or another document received by the consumer as a result of its technical inspection. Establishing the fact of an existing 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 does not have a warranty period
If the product does not have a warranty period, then claims related to product defects may be made by the consumer, provided that the defects in the sold product were discovered by him within 2 years from the date of transfer of the product to the consumer, unless longer periods are established by the legislation of the Republic of Kazakhstan or by agreement (clause 2 of Article 17 of the Law "On Protection of Consumer Rights").
Clause 4 of Article 30 of the Law "On the 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 the goods were transferred to the consumer or for reasons that arose before that moment.
It should be noted that the seller (manufacturer) is responsible for the defects of the sold (manufactured) goods even when he was not aware of them. An agreement to release the seller (manufacturer) from liability or to limit it is invalid.
Thus, if the consumer provides evidence of defects in the product that arose before it was transferred to the consumer, the consumer has the right to demand that the seller (manufacturer) eliminate the defects in the product that he discovered.