If the seller does not agree, it must prove that the defect was caused by improper use by the purchaser. During the following 18 months, up to 2 years, any defect that is present in the product must be analyzed by a technical service that must determine if the defect was or if it was caused by a wrong use of it. If the defect has been actually caused by an improper use of the same (e.g., dropped and broken), it will not enter into the legal warranty and consumer must pay for the repair of the product or, where it is not satisfied with the budget, pay the time spent analyzing the cause of the defect and the budget’s repair. Without limiting the foregoing, you may Yes apply the commercial collateral if the seller or manufacturer have decided to provide it. It is always interesting to find out whether there is such warranty. On the contrary, if the defect has occurred or expressed so inexplicable, will be entitled to claim the coverage of the guarantee against the seller. Very often the seller to ask us to talk about with the manufacturer.
In reality, we don’t have to do it. He obliged to attend the warranty is the seller. However, sometimes we’ll win, because we won’t have to go to the store and care will be faster and more effective. Other times, manufacturer’s service will not be as good, and compensate us relieve us with the seller. In either case, within 2 years of the legal guarantee stops running at the moment in which we deliver the product for repair, and will not be implemented until it is returned.
In principle, the purchaser can choose between require repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. Usually, is the manufacturer which has just choosing one of two options, according to your own criteria. Once returned to the buyer the product repaired or replaced, is reactivated within 2 years of warranty legal and, again, is He received 6 months of presumption that any defect is factory, unless proven otherwise. En_este_caso, 2 things can happen: to) these 6 months having accommodated within the original period of 2 years from the date of purchase (plus the time in which the product has been in repair/replacement). (b) that at the time of the return of the repaired/replaced product, I were near the end of the term of the legal guarantee. In this case, the warranty would be arguably extended until 6th month since the return of the product, regardless of the time in which ends the legal warranty. And what should we do if the seller or manufacturer tell me that me warranty because it has already passed the deadline and is not true? We must go to the seller, fill in a claim form, and go directly to the Municipal Office of information to our nearest consumer, with all documentation relating to your case for the corresponding claim. Jose Carlos Moratilla legal Departamento Audea information security