The guarantee in the Code of Consumer Protection

21/09/2003 Denis Augusto de Oliveira Lawyer in Santa Catarina OAB / SC 19 061

Contents: Introduction. Legal and contractual guarantee. Of the guarantee. Right
s under the Consumer Protection Code. Final considerations. References. Introduc
tion The consumer must have complied with their expectations for quality and eff
iciency of acquiring products or services it contracts and is in the Code of Con
sumer Protection who is the breadwinner of this tutelage. Thus, when the consume
r durable goods purchases (appliances, vehicles, machinery, buildings, etc.) or
non-durable goods (goods for consumption), has guarantees established by law. Th
us, the guarantee for durable goods is 90 days and for nondurable goods is 30 da
ys from the effective receipt of the product or end the execution of the service
. Denotes that these deadlines are decadence. Legal and contractual guarantee in
the Consumer Protection Code, there are two types of security: the legal and co
ntractual. A legal guarantee is independent of any writing, since there is alrea
dy provision in law (CDC, 26 and 27). Being mandatory, mandatory, full, uncondit
ional and nonnegotiable. The beginning of the period for claims begins the same
day of purchase of the product or service by the consumer. The security is given
in writing by the provider, is called the guarantee (CDC, 50), and must be deli
vered to the consumer at the time of purchase. The security is complementary to
the legal guarantee, however, is not mandatory. The supplier may concedêla or n
ot, but to grant it, the security becomes part of the offer, and is bound to hon
or it. The security may be partial, therefore, allows the exclusion of certain c
omponents. In general, the security contract is also subject to instructions. Th
e period, the contractual guarantee applies to the legal guarantee, so if an app
liance has the legal guarantee of three months given by Article 26 of the CDC an
d the manufacturer gives the guarantee of 1 year product warranty makes a total
of 1 year and three months. Of the guarantee The guarantee states the limits of
quality assurance, operation and efficiency of the product and subject to some f
orm of maintenance of the product. Should clarify properly: what is the same ass
urance, as well the form, the deadline and place where it can be exercised, and
the burden borne by the consumer.
The guarantee must be given to him, duly completed by the supplier at the time o
f supply, together with instruction manual, installation and product use in teac
hing language, with illustrations, in the vernacular language.
Rights under the Consumer Protection Code Article 18 of the Consumer Protection
Code specifies the period of 30 days so that the defect is remedied by offering
consumers three choices of compensation if the defect is not cured: - replacemen
t of the product by another of the same species, in perfect condition - immediat
e return of the amount paid, adjustments, without prejudice to any damages; - pr
oportional reduction in the price. The existing legislation does not guarantee t
he immediate exchange of product quality with addiction, but ensures your free r
epair through technical assistance to accredited manufacturer. Final Thoughts We
live in a democratic state of law, where citizenship is a set of rights and dut
ies. Purchasing a product from a supplier legally established, require the invoi
ce, are part of this context. So consumers should be aware that their rights wil
l hardly be offered, and he shall require them to conquer them. References ASUNC
ION, Luiz Fernando. Warranty, a consumer rights. ANotÍcia. Joinville. Available
at:. Accessed: 06 September 2002. BRAZIL. Code of consumer protection. In :____
__. Commercial Code and complementary legislation noted. Ulhoa Fábio Coelho. 4.
ed. rev., ampl. and current. São Paulo: Saraiva. 2000. p. 855-898. LIMA, Antô
nio Carlos de. Consumers without warranty. Available at:. Accessed: 06 September
2002. LOPES JUNIOR, Osmar. Electronic commerce and the Code of defense and cons
umer protection. Available at:. Accessed: 06 September 2002.