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WHAT ARE THE IMPLIED GUARANTEES OF A PRODUCT BOUGHT ?

Once you bought a product, you have the right to own such product.

A product should be of acceptable quality and therefore be reasonably fit and suitable for all purposes for which the product is normally used, acceptable in appearance and finish, free from minor defects, durable and safe.

If a product is sold by description, for example mail order, the product must comply with the description.

You should also make sure that the quality of product correspond with the demonstration model or sample.

A product bought comes with implied guarantee as to price. You should not pay the supplier or manufacturer a price more than the reasonable price for the product. However, this condition does not apply where the price of product is to be decided by any contract agreed by the parties or will be decided later by the parties concerned.

Regardless of local or imported product, the supply of spare parts and facilities for repairs should be available for a reasonable period after the product is sold. If the supplier or manufacturer has informed the purchaser that spare parts and repair facilities may not be available, this implied guarantee as to repairs and spare parts does not apply.

WHAT ARE THE IMPLIED GUARANTEES FOR SERVICE PROVIDED ?

A service should be provided with reasonable care and skill and be of an acceptable standard.

A consumer shall not be liable to pay more than the reasonable price for the service except where the price is to be determined by a contract between the two parties involved.

A service provided must be suitable for their intended purpose. However, this is with exception where the consumer did not reply on supplier's skill or judgment or is unreasonable for the consumer to rely on the supplier's skill or judgment.

Except where the time of completion is determined by terms of the contract between the two parties, a service is meant to be completed within a reasonable time.

WHAT ARE MY RIGHT TO SEEK REDRESSAL AGAINST SUPPLIER OF A PRODUCT ?

If a product does not comply with the implied guarantee and that such problem can be easily solved, you should first get your supplier to solve the problem within a reasonable time. Where the supplier refuses to do so, you can get it done elsewhere and have the supplier pay for it. You have the right to reject the product.

You may also reject a product and request for compensation if it is a major problem that cannot be solved. Major problems include product that is not safe, unfit for the purpose, significantly different from the sample or demonstration model and a situation where if a reasonable person would not have bought the product if it is known about the nature and extent of the failure.

Where you reject the product, you may choose to have a cash refund or a replacement of the same type and of similar value.

Even if you have rejected the product and the problem is rectified, you can still claim damages from the supplier or manufacturer for losses suffered directly as a result of the failure of the product.

It is very important to know that you can only reject a product if it is done within a reasonable time.

A reasonable time depends on how long it will be used, the type of product, how it will be used and the amount of use to which the product would be put before the defect becomes apparent.

Another condition under which you may lose you right to reject the product is when the product has been disposed off, destroyed or lost.