Summary.
The draft bill amends Article 43 of Law 45 of October 31, 2007, concerning the guarantee for repair services. It defines that guarantee in terms of efficient performance of the contracted service. If repairs or maintenance of motor vehicles, or of movable goods intended for personal use in the home or for use in commercial or industrial establishments, are performed inefficiently, the supplier must provide the service again satisfactorily, at no additional cost, within no more than 5 days. Alternatively, the provision calls for a refund of the amount spent by the consumer. It describes this duty as nontransferable and requires the supplier to return all amounts received for those services. When a repair is outside the guarantee, the repair shop must assess and diagnose the item and obtain the consumer’s express authorization before starting work.
The draft bill also amends Article 44 of Law 45 of 2007, which concerns services other than those covered by the preceding provision. For these services, the supplier must provide the service again at no additional cost within 5 days after the consumer files a complaint. The provision connects that deadline to protection of the consumer’s expenditure on the service.
The proposed amendment to Article 46 of Law 45 of 2007 addresses the guarantee for mechanical, electrical, electromechanical and electronic equipment or products, furniture, motor vehicles, and comparable goods. If, during the stipulated guarantee period, such goods fail to function properly or cannot be used normally for a cause attributable to the manufacturer, importer or supplier, the supplier must repair or replace them within 5 days after the complaint is filed. If repair is impossible, the supplier must replace the item with an identical one or refund the amounts paid. For motor vehicles, the text sets a period of 30 days for repair or replacement; for sophisticated technology devices, it sets 15 days in connection with the agreed guarantee.
The text further includes a provision headed “New Article 4.” It requires the supplier that received payment to resolve complaints made at its business directly and immediately, rather than referring the consumer to the product’s manufacturer. It links the handling of the complaint to the consumer’s presentation of invoices and assigns responsibility exclusively to the supplier that received the payment. A final clause provides that the law would take effect on the day following its promulgation.
By subject matter, the draft bill concerns Law 45 of 2007 and could be of interest to consumers, vehicle repair and maintenance shops, service suppliers, manufacturers and importers, sellers of household goods, and commercial and industrial establishments.
What it proposes.
- Guarantees for repair and maintenance services.
- Handling of complaints about other services.
- Repair, replacement, or refunds for goods under guarantee.
- Direct resolution of complaints by the supplier.
Who it would affect.
- Consumers who purchase services or goods covered by a guarantee.
- Suppliers of goods and services.
- Repair shops.
- Manufacturers and importers in relation to the stated causes of malfunction.
Key points.
- The guarantee for repair services is defined by efficient performance.Art. 1
- For an inefficient repair or maintenance service involving the specified goods, the supplier must repeat the service at no cost within 5 days or refund the amount spent.Art. 1
- Before undertaking a repair outside the guarantee, the shop must assess and diagnose the item and obtain the consumer’s express authorization.Art. 1
- For other services, the supplier must provide the service again at no cost within 5 days after the complaint.Art. 2
- Listed goods that fail during the guarantee period must be repaired or replaced within 5 days after the complaint, subject to the stated conditions.Art. 3
- If repair is impossible, the supplier must provide an identical replacement or a refund; the text sets periods of 30 days for motor vehicles and 15 days for sophisticated technology devices.Art. 3
- The provision headed “New Article 4,” included in Article 3 of the draft bill, requires the supplier that received payment to resolve the consumer’s complaint directly.Art. 3