Consumer goods often replace more than one owner in their lives. But what is the warranty for used goods? Can you rely on the enclosed warranty card?
At the dTest Consumer Consulting Center, experts encounter many instances when people buy at a bazaar or pawnshop, with the goods still receiving a valid warranty card. They then live in the belief that they can come to the vendor's shop with the warranty card and have the right to claim. "The claim will usually take place without difficulty, but the problem occurs when the entrepreneur accepts the claim and decides to return the money for the goods. Traders refuse to issue money to a person other than the one on the original invoice. The unfortunate owner finds himself in a hectic situation when he only has empty hands after a recognized complaint, " says Lukas Zeleny, head of the legal department of consumer organization dTest.
It should be noted that the guarantee is not an invisible aura, which only floats over the purchased goods for two years or more. Mutual rights and obligations always exist between two people who have a certain obligation among themselves. Anyone who buys something can claim a claim against whoever acts as a seller in that relationship. "If you buy the goods in the pawnshop, the pawnshop is responsible for the defects of the goods, not one of the previous owners or even the manufacturer of the goods. Otherwise, of course, if the bazaar or pawnshop act only as contract agents. In that case, you buy the goods directly from the previous owner and you are responsible for the defects of the goods, " explains Lukáš Zelený.
However, for the used goods the seller's liability for the defects is considerably limited. Who buys secondhand goods must count on the fact that he is not in perfect condition and can not complain about the defects he knew about the purchase. If, in addition, the seller is a person who does not live with the sale of the goods, the parties may agree in advance that the goods will not be claimed at all.
If the owner of the goods wishes to give the buyer his warranty certificate, the best transfer of rights from defective performance should be the best. The rights do not automatically pass to the new owner and collecting money for the goods is not enough to just wake up in the shop with a warranty certificate. "There is nothing wrong with that. Used goods are usually purchased by a second or third owner at a reduced price, so there is no reason to automatically transfer the right to a full purchase price to the first seller. If someone else claims the claims of the original owner, it should be his blessing, " says Green.
So, when you find yourself in a bazaar or pawn shop with an offer of goods for which there is a valid warranty card, do not forget to ask your vendor if he can also secure a signed assignment from a defective performance from the previous owner. "You can assume you are not likely to encounter any other than a negative answer. In this case, we advise you to buy your hands away, or to accept that the warranty card will be just good for burning in the stoves, " adds Lukas Zeleny.
The written model "Assignment of Rights from Defective Performance" can be found by consumers free of charge on the website of consumer organization dTest.
Source: tz, dTest.cz
