Bill 427.

Summary.

The bill amends Article 43 of Law 45 of October 31, 2007, concerning warranties for repair services. It defines the warranty in terms of efficient performance of the contracted service. If repair or maintenance of motor vehicles, or of movable goods intended for personal use in the home or for use in commercial or industrial establishments, is deficient, the supplier must perform the service again satisfactorily, at no additional cost, within no more than 5 days. Alternatively, it provides for a refund to the consumer of the amounts paid for the service. Where a repair is not covered by a warranty, the repair shop must assess and diagnose the item and obtain the consumer’s express authorization before starting the work.

The amendment to Article 44 addresses warranties for services other than those covered by the preceding article. Following a consumer’s claim, the supplier must perform the service again at no additional cost within the following 5 days. The bill links this obligation to protecting the amount the consumer invested in the contracted service.

The proposed Article 46 concerns mechanical, electrical, electromechanical and electronic equipment or products, furniture, motor vehicles, and other goods of a similar nature. If, during the agreed warranty period, an item does not function properly or cannot be used normally for a reason attributable to the manufacturer, importer or supplier, the supplier must repair or replace it within 5 days after the claim is made. If repair is impossible, the supplier must replace the item with an identical one or refund the amounts paid. For motor vehicles and sophisticated technology devices, the text sets repair or replacement periods of 30 days and 15 days, respectively, under the agreed warranty.

Within Article 3, the text includes a provision headed “New Article 4” on the handling of claims at the supplier’s business. It requires the supplier that received payment to deal with and resolve the consumer’s claim directly and immediately upon presentation of the invoices. This duty rests with that supplier; the claim must not be passed to the product’s manufacturer or to another department apart from the supplier that received payment.

Article 5 again states that Articles 43 and 44 of Law 45 of October 31, 2007, are amended and provides that the proposed law would take effect on the day following its promulgation. Its provisions concern consumer protection and could be of interest to or affect repair shops, service suppliers, manufacturers, importers and businesses selling motor vehicles, furniture, and mechanical or technological equipment.