“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. “In other words, the start of the countdown to the expiration period for the claim of the simple product inspection takes place after the termination of the contractual warranty,” Berger summarizes in the statement. If the new product causes problems after replacement, a new replacement may occur. In this case, the legal and contractual warranty period must be counted from the date of delivery of the new product. However, if you purchased the product directly from a company that does not have a representative office in Brazil, the law of the country in which the item was purchased applies. In these cases, Idec advises people to read the warranty conditions before purchasing the product. I bought a product – does it have a warranty? If I have a defect, can I change it? What happens if the purchase was made on the Internet? What happens if the product comes from another country? These are very common doubts of consumers, which have intensified with the increase in online shopping during the coronavirus pandemic. In 2020 alone, according to an Ebit/Nielsen survey in Brazil, 13 million people signed up for this modality. If the defective product is shipped for repair under the contractual warranty, IDEC recommends that you test the process before removing it and request the invoice with all the services provided.
The contractual guarantee, on the other hand, is offered by the manufacturer of durable goods and is therefore not provided for in the Consumer Code. In this modality, if the manufacturer offers a one-year warranty, the customer can make a claim up to one year after purchase. In addition, it also has the already granted 90-day guarantee for durable goods. The question of PLS 90/2012, drafted by Senator Eduardo Amorim (PSDB-SE), is the compatibility between the periods of legal guarantee and contractual guarantee. Since the CDC is omitted in this regard, the project intends to fill this gap by stipulating that the legal warranty period must be credited from the end of the contractual guarantee if it was purchased by the customer. 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. To exercise the legal guarantee, it is sufficient for the consumer to submit the complaint accompanied by proof of purchase within 30 days for non-durable services and products or 90 days for durable services and products.
The legal warranty is established by the Consumer Protection Code (CDC) and gives the person who made the purchase 30 days from receipt of the product to complain about problems if the product has a short shelf life (e.g. food) and 90 days if it has a shelf life (e.g. a refrigerator). The extended warranty is the one usually sold by the store or another company that has no relationship with the manufacturer. In most cases, a purchase has two types of guarantees, called legal and contractual. The legal guarantee is established by the Consumer Protection Code and refers to the manifestation of the consumer when he is faced with a problem with the product or service purchased. 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 guarantee. The extended warranty is agreed separately. This warranty term is in most cases provided by the store where you purchased the product or by an insurer. It is important to read the terms of the contract carefully before using this service in order to know the rights and obligations contained in the policy. 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 the decadence does not run during the contractual guarantee period. If the problem found is such a species, which is displayed only after a certain period of use, the period begins to count from the moment of discovery of the defect. The contractual warranty is the one usually set by the manufacturer or supplier, and its duration is counted from the date of invoice. As we speak, the legal warranty provides 30 days of coverage for non-durable goods and 90 days for durable goods. Some dependencies are not obvious and therefore take longer to be noticed by the consumer. In this case, called hidden defect, the warranty begins to count from the presentation of the problem. 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. 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. First, this modality is provided by the CDC and provides a 30-day warranty for consumer goods and a 90-day warranty for durable goods.