Dear PAO,
I bought a printer from a retail store, which is an official distributor of the brand. After a few days of using the printer, it suddenly stopped working. I immediately brought the printer back to the store with the official receipt and warranty card. Upon inspection, I was informed that they found a malfunctioning chip within the device that was beyond repair. I asked for a replacement of the item. However, the store manager informed me that they could not replace it right away because they still needed the approval of the printer’s manufacturer to process the replacement, as provided in the warranty card. Is this legal?
Nathan
Dear Nathan,
Please be informed that it is the policy of the State to protect the rights of consumers. To this end, laws protecting the rights and interests of consumers against deceptive, unfair, and unconscionable sales acts and practices are enforced to ensure the standards of conduct for business and industry. Specifically, Republic Act (RA) 7394, otherwise known as the Consumer Act of the Philippines, provides guidelines in the event that the items/products bought fail to satisfy the conditions and warranties as provided under the New Civil Code. Articles 68 (b) (4) and (6) of RA 7394 provide:
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“ARTICLE 68. Additional Provisions on Warranties. xxx
“4) Enforcement of warranty or guarantee. – The warranty rights can be enforced by presentment of a claim. To this end, the purchaser needs only to present to the immediate seller either the warranty card or the official receipt along with the product to be serviced or returned to the immediate seller. No other documentary requirement shall be demanded from the purchaser. If the immediate seller is the manufacturer’s factory or showroom, the warranty shall immediately be honored. If the product was purchased from a distributor, the distributor shall likewise immediately honor the warranty. In the case of a retailer other than the distributor, the former shall take responsibility without cost to the buyer of presenting the warranty claim to the distributor in the consumer’s behalf. xxx
“6) Contrary stipulations — null and void. – All covenants, stipulations or agreements contrary to the provisions of this Article shall be without legal effect.”
Pursuant to the above-quoted provisions of the law, the store retailer, which is also an official distributor of the printer you bought, is mandated to honor the warranties of the sale, provided that you are able to present either the warranty card or the official receipt of the item you bought. Considering that you were able to present both, the distributor’s liability to honor the warranties has set in. The provision in the item’s warranty card imposing an additional condition for the enforcement of warranties is void because it is contrary to the provisions of the law. Therefore, you can rightfully demand the replacement of the product, or the refund of its value without the need to await the confirmation of the manufacturer.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
