Manufacturer's warranty - what is it?

Service

If the consumer has bought goods from the seller that turned out to be inconsistent with the contract (e.g. had defects), he has the statutory right to file a complaint within two years from the date of purchase. The seller is always responsible for the goods - under the law, but sometimes it may happen that the so-called manufacturer's warranty.

What is the manufacturer's warranty?

The manufacturer's warranty is a voluntary declaration of the guarantor (usually the manufacturer), included in the warranty document or advertisement about the properties of a given product.

The manufacturer's warranty should specify the obligations of the guarantor and the buyer's rights - in the event that the property of the sold goods does not correspond to the property indicated in the warranty statement. A statement that does not form the guarantor's obligations is not considered as a guarantee.

The guarantor's obligations may include replacing the goods with a new one, repairing the goods, refunding the price or providing other services. The obligations of the guarantor are also the rights of the buyer.

When the guarantee has been issued with regard to the quality of the goods, the guarantor is obliged to remove the physical or legal defects of the goods or issue the goods free from defects - within the period specified in the guarantee, and if the deadline is not specified, then within 14 days from the date of delivery of the defective goods to the guarantor.

Manufacturer's warranty form

When the manufacturer decides to issue a guarantee, he is obliged to provide the buyer with clear, understandable and not misleading information, sufficient for the correct and full use of the sold consumer good.

If a guarantee has been granted for the goods, the seller must issue a guarantee document to the customer together with the goods.

The guarantee document is issued by the seller. However, if he did not do it, but the manufacturer's warranty was granted in the form of a statement (e.g. in an advertisement or on the packaging with the inscription "2-year warranty!"), The buyer has the right to request the guarantor to issue a warranty document, which specifies in detail warranty rules, on paper or other durable medium (e.g. on a portable drive).

What should the manufacturer's warranty contain?

In addition to the obligations of the guarantor and the rights of the buyer, the manufacturer's warranty should include:

  • name and address of the manufacturer (guarantor) or his representative in Poland,

  • the duration of the warranty - the manufacturer himself determines the duration of the warranty, he is free here - if, however, he issues a warranty without specifying its duration, the buyer has 2 years from the date of purchase of the goods to file a complaint,

  • territorial coverage of the guarantee,

  • information that the issued guarantee does not interfere with pursuing claims under the warranty for non-compliance of the goods with the contract,

  • information on where to file a complaint - to the service point, seller or directly to the manufacturer,

  • other data needed to pursue claims.

Manufacturer's warranty period

The manufacturer himself determines the duration of the warranty for a given product. However, if the buyer issues a guarantee, but does not specify the deadline in it, the buyer has two years to file a complaint under the manufacturer's guarantee from the date of purchase of the goods.

The buyer who submits a complaint under the manufacturer's warranty should deliver the item at his own expense to the place indicated in the warranty or to the place where the item was delivered, unless the circumstances indicate that the defect should be removed in the place where the item was located. at the time of revealing the defect.

If, as a result of the complaint, the manufacturer has fulfilled his obligation (e.g. he has delivered a new item, repaired a defect, etc.), then the warranty period specified by the manufacturer in the original warranty document starts anew, i.e. the time is counted from the date of the guarantor's fulfillment of the obligation (delivery of a new item, rectifying the fault, etc.).

Warranty execution time

The guarantor is obliged to deliver and exercise the rights resulting from the manufacturer's warranty (e.g. issuing a new item, refund of the price, removal of the defect) at his own expense within the period specified in the issued warranty, and if it is not specified, within 14 days from the date of delivery of the claimed item. the guarantor.

Manufacturer's warranty and the seller's liability

The manufacturer's warranty is a voluntary declaration by the guarantor, which specifies the guarantor's obligations, should the goods turn out to be defective or not as described. The buyer may submit a complaint under the manufacturer's warranty only if the manufacturer has issued a warranty for the given goods. The manufacturer's warranty is regulated in the Civil Code (Journal of Laws of 2017, item 459) in articles 577-582.

Attention!
It is the buyer who chooses the complaint method - whether he submits it on the basis of the manufacturer's warranty or on the basis of provisions in consumer laws and the Civil Code due to the non-compliance of the goods with the contract. However, these two institutions cannot be used simultaneously.
The given complaint procedure concerns a single defect of the goods. Therefore, if we used a given complaint procedure for one defect, the given mode is no longer binding if another defect was revealed with the same product.

The warranty for defects (seller's warranty) is the legal protection of the buyer in the event that the goods do not comply with the contract. A complaint on the basis of non-compliance of the goods with the contract may be submitted by the buyer to the seller at any time - within two years from the date of purchase of the goods. The warranty for defects is regulated in the Civil Code in articles 556-576.

Additionally, when the buyer is a consumer, he is still protected by the provisions of the Act of 30 May 2014 on consumer rights.

A consumer is a person who purchases a given item for purposes unrelated to business or professional activity, i.e. simply purchases it for private use from an entrepreneur.

Important!
The manufacturer's warranty does not preclude the possibility of complaining about the goods on the basis of non-compliance of the goods with the contract (warranty for defects). However, for the duration of the complaint under the manufacturer's warranty, the complaint submitted to the seller for non-compliance of the goods with the contract is suspended. This period runs further from the date of refusal by the guarantor to perform the obligations arising from the guarantee or the ineffective expiry of the time for their performance.