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Distinction between guarantee and warranty from a consumer view point
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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:
