I have been in marketing long enough(40 years) to be aware a Warranty or a Guarantee is assured by a Manufacturer to promote the Product.
There is no the intention of replacing your products even in cases when they are defective, excepting to use this point, whether they mean it or not , as USP.
Every effort is made by the Manufacturer to avoid servicing or replacing a defective product.
So the Fine Print comes into Play.
The Fine print mentions so many Clauses couched in a Legal Language which even a Judge would find it difficult, he might probably need a translator to understand when he hears/decides a Case!).
Yesterday me and my son visited an Upholstery Dealer,Favaro World, near Whitefield,Bangalore,as the Upholstery of the Driver’s seat was developing Blisters and was in the process of coming away.
And this was under Warranty.
When my son explained the problem to the dealer, he did not even wait for my son to complete his narration.
The Man in charge the Proprietor, started speaking in Hindi, then I what he thought was very good English,an d said
I knew the problem as I saw you Driving in.
( The Car is not visible from his seat in the Shop)
I know your problem.
You wear Jeans,have Pant pockets behind(where else!)
You keep Pens( which IT guy uses a Pen now),Notes(?) .
The Jeans have button in the hip Pocket and as you sit , drive and come out of the Car(how else can one drive a Car?).
The Metal part of the Button cuts the leather,
My son argued and the Dealer continued.
I interrupted saying that if the cuts were the result of wearing a Jeans with Pocket, it must have appeared in all the seats.especially the other seat in the front, where me or my daughter in law sit, both of us wear Jeans, which is not the case.
Again if the cut has been made because of one wearing Jeans, the Angle of Cuts in the Upholstery must be only Upward Slashes, not downward cuts.
In my opinion, the leather has some quality problem and would he repair it as it is under Guarantee/Warranty”
The man replied, continuing where he had left as though if have not spoken,
‘Uncle(Polite term in India to indicate, You Old Geezer!), ,
The Guarantee is for ‘Default Condition of the Product”
I was stunned.
Default condition in my limited Knowledge of English, is the original State’
So the guy will replace the product if I return the product in its original condition.
That is without using , irrespective of how many months earlier I purchased it!
That’s Fine Print for You.
The basic meaning of Guarantee means the product is free from manufacturing defect and hence the new product is replaced by new product while the term Warranty the product supplied or sold cannot be exchanged by new but could be repaired at manufacturer’s costs.
“Guarantee refers to the performance postsale . It means that the manufacturer stands behind the product like a guarantor to a loan. It is a formal promise, like a contract, that if the performance is below par, the goods will be repaired or replaced or the money refunded.
Warranty relates to the sale of goods and will say that it is of a particular standard. A warranty is a promise that refers to more tangible things, like parts of the product or machine. It promises that the motor in a juicer will function smoothly for a year or two. If it doesn’t , the manufacturer will repair or replace the motor. Both relate to performance and, in a sense, overlap. To illustrate, a burglar alarm product that offers a facility to link your alarm to the police for a higher fee, is offering you a warranty. But there is no guarantee that the police will come!
There are implied warranties and express warranties. Implied warranties cover merchantability and fitness for a particular purpose. The former is a promise that goods sold will perform as expected. Your cell phone should offer clear communication. If it doesn’t , then it is not fit for sale.
The latter is fitness for the purpose. When you buy a pair of children’s shoes, it should be fit for the purpose and withstand the rough and tumble of the playground. If it gives way, put it in writing and demand repair or replacement from the seller.
Express warranty is explicit. It is a voluntary commitment to remedy defects and malfunctions if they arise. Express warranties can take a variety of forms, oral or in writing, ranging from advertising claims to formal certificates. In the US, the Warranty Act requires the manufacturers and sellers to state what is covered and not covered, and the duration of coverage. They must specify whether the company will repair, replace or refund and how to get the service so that consumers can choose the best combination of price, features and warranty coverage.
‘Satisfaction guaranteed or money back guarantee‘ must be used only if the manufacturer is willing to provide full refunds to customers when, for any reason, they return the merchandise. Lifetime warranty must specify whether it refers to the lifetime of part, product or the consumer.’..
Legal Implication of Guarantee and Warranty.
Guarantee
- A guarantee is usually free and is a promise about an item by the manufacturer or company
- It’s a promise to sort out any problems with a product or service within a specific, fixed period of time
- Whether you paid for a guarantee or not, it is legally binding
- The guarantee must explain how you would make a claim in a way that is easy to understand
- It adds to your rights under consumer law
- It will take effect whether or not you have a warranty
Warranty
- A warranty acts like an insurance policy for which you must pay a premium – Sometimes a warranty is called an ‘extended guarantee’
- May last longer than a guarantee and cover a wider range of problems
- A warranty is a legal contract
- The terms of the contract should be clear and fair
- Does not reduce your rights under consumer law
- A warranty can be in place with a guarantee
More about guarantees
Some items you purchase may come with a manufacturer’s guarantee. Often there will be a registration card that needs to be completed and returned. Before you leave the shop, ensure the seller has filled in any details of the purchase he needs to otherwise the guarantee may not be valid. Once you have sent off the card keep all the documentation in a safe place in case you need to make a claim later.
Many different businesses and service providers will offer guarantees. Whilst this may give you confidence in them, be careful not to choose a business just because of a guarantee. It may turn out to be worthless if the organisation goes out of business. Some guarantees are insurance backed and these may prove more secure.
It is important to remember that guarantees are there to increase your protection and they can not be used to limit or exclude responsibility of a business for selling faulty products.
More about warranties
A warranty is a formal statement of a fact and is part of the contact, or a contract in its own right.
Most warranties will be specific to the item they are covering. For example, if you get new brakes on your motorbike, the work and materials may be guaranteed to work for a specified number of miles or a certain time period. If an item is ‘sold as seen’ it is unlikely to be covered by a warranty.
Not all warranties are the same and most will have limitations. These limitations may be in relation to time or use of the product. In addition, they may also only cover certain things, for example motorbike warranties for instance, may not include things like tyres or brakes. Most vehicle warranties do specify exactly which parts are covered.
Using guarantees and warranties
If you do find that you have a problem with the goods or services and you have a guarantee or warranty, read it carefully and check that:
- it covers your problem
- that the fault has been caused by something covered by the guarantee or warranty
- the timeframe has not expired
- it offers a reasonable solution
- you understand and are happy to pay any extra costs involvedThe basic meaning of Guarantee means the product is free from manufacturing defect and hence the new product is replaced by new product whilethe term Warranty the product supplied or sold cannot be exchanged by new but could be repaired at manufacturer’s costs.
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