GUARANTEE AND WARRANTY

APURVA AGRAWAL

COUNCIL FOR FAIR BUSINESS PRACTICES

September 6,2007

Protecting the Consumer.

2/3 of spending in the world economy is by consumers.

Yet they have no choice!

New economic policy floods market with products- Ye Dil Maange More!- too little information for informed choice.

RIGHTS AVAILABLE TO CONSUMERS

Right to Safety (protected against the marketing of goods and services, which are hazardous to life and property)

Right to be Informed (quality, quantity, potency, purity, standard and price of goods)

Right to Choose (access to variety of goods and services at competitive price.)

RIGHTS AVAILABLE TO CONSUMERS

Right to heard (consumer's interests will receive due consideration at appropriate forums.)

Right to Seek redressal (against unfair trade practices or unscrupulous exploitation of consumers.)

Right to Consumer Education (know their rights and must exercise them , particularly the rural consumer.)

Buyer Be AWARE: Look for -

ISI Mark:

On electrical and cooking gas, appliances, cement , steel etc.

This guarantees quality of every batch in production process

ISI license is granted by BIS for 1 year only

GUARANTEE

A promise or an assurance

Especially one given in writing That attests to the quality or

durability of a product or service.

WARRANTY

A promise, either written or implied

That the material and workmanship of a product are without defect

Meets a specified level of performance over a specified period of time.

DIFFERENCES

S. No. GUARANTEE

WARRANTY

1. Promise/pledge Assurance

2. Repair/ Replacement/

Refund

Repair

IN CASE OF DEFECT

GUARANTEE Product will be either

Repaired, or Replaced

Cost of Product will be refunded

IN CASE OF DEFECT

WARRANTY Product will be repaired

only

Standards of Weights &

Measures Act, 1976

Introducing standard in relation to weights and measures used in trade and commerce. The ultimate objective is to sub serve the interests of the consumers.

Standards of Weights &

Measures Act, 1976

Purpose :-

Replace the bewildering varieties of weights and measures in use in the country by standards based on the metric system

Provide better protection to consumers by ensuring accuracy in weights and measures

Standards of Weights &

Measures Act, 1976

Standard units:

Every unit of weight or measure shall be based on the units of the metric system.

Deals with the physical representation of standard units.

Packaged Goods

Meaning- ‘Pre-packed Commodity’

A commodity which, without the purchasers being present is packed, so that the quantity of the product containing therein has a pre determined value and such value can not be altered without package, being opened or undergoing a perceptible modification and the expression " Package" wherever it occurs shall be construed as a package containing a pre-packed commodity

Packaged Goods

Merits:

Transporting, handling and distribution becomes easier.

Demerits

Conceals identity, uniform packing leads to confusion, undated packets- freshness ??

Declaration on package

Name & Address of Manufacturer/ Packer.

Generic name eg. Salt – Sodium Chloride.

Net quantity. Date of manufacture. Price.

Standards of Weights &

Measures Act, 1976

Penal Provisions:

Fine upto Rs 1000/- and imprisonment upto seven years, if violation (use of non-standard units in non-metric system for weights and measures) of any provision of the Act is found.

Standards of Weights &

Measures Act, 1976

Penal Provisions:

Authorities also have the power to inspect, search, seize and forfeit the goods involved in the offence.

Non-registration

Not maintaining prescribed registers/records.

Standards of Weights &

Measures Act, 1976

Every consumer must know how to identify false weights and measures.

The tools for consumer protection are:

Weighing balance Measuring rod Calibrated container

Standards of Weights &

Measures Act, 1976

There should be three seals on the back of the weights:

The number assigned to the sealing Inspector,

The year in which the seal is affixed

The quarterly seal. 

In a Shop CHECK-

Verification Certificate of ILM must be displayed prominently in all shops using weights/ measures.

A weighing balance not of metal and without pointer is illegal. It does not display the correct weight.

In a Shop CHECK-

Every weight has to be stamped on the reverse with the last two digits of the year (e.g. 03 for 2003) & the unit no. of the inspector.

Refuse non- standard weights like stones, iron pieces etc. and if the lead filling is missing on reverse.

Balances and Weights

Any balance and scale made of wood and using string to suspend the pans is illegal.

Electronic weighing instruments, the verification seal is on a plate fixed to it.

DOs for Fair Business

Right product, right service at right price with cash-memo

Honour warranty and guarantee. Provide reliable, adequate after-sales services and spare parts

Honour Consumer Rights to safety, choice, information

DOs for Fair Business

Undertake & participate in factual consumer education programmes.

Build up a social coalition between producers, sellers, consumers.

PRECAUTIONS FOR CONSUMERS

Purchase only when you need and do not purchase in a hurry.

Do not buy blindly. Demand full information before you buy.

Do not compromise on the quality of goods and services

PRECAUTIONS FOR CONSUMERS

Beware of false/ misleading advertisements.

Always obtain the guarantee/warranty card duly stamped and signed by the shopkeeper, wherever necessary. These can be helpful in consumer courts.

DUTIES OF CONSUMERS

Insist on receipts or bill without fail, on all the purchases made.

Read information carefully on the packets before purchase.

DUTIES OF CONSUMERS

Buy standardized products only i.e. of ISI or AGMARK BRANDS

File consumer complaints against default in goods deficiency in services, or unfair trade practice.

THANK YOU

CONTACT US

UNIVERSAL LEGAL5th Floor, Kimatrai Building7/79 Maharshi Karve Road

Mumbai – 400 002

Phone: 2203 4293 - 95 Fax: 2203 9845 E-mail:

contactus@universallegal.firm.in