Slide thuyết trình TACN2 Topic: Warranty and Guarantee

Definition of Warranty and Guarantee 2.. “A written statement that promises the good condition of a product and states that the maker is responsible for repairing or replacing the produc

MAIN PARTS

1 Definition of Warranty and Guarantee

2 Differences between Warranty and Guarantee

3 Exercise

 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.)

 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.)

RIGHTS AVAILABLE TO CONSUMERS

01 Definition of Warranty and Guarantee

“A written statement that promises the

good condition of a product and states that the maker is responsible for repairing or replacing the product usually for a certain period of time after its purchase”

Merriam-webster

WARRANTY

 A document that is issued to protect a buyers’ right

 A legally binding contract that is similar to an insurance policy

 Be sold from the company as well as the seller

 Warranties mostly cover the repairing of the product and incase it cannot be replaced, the product may be

replaced

 Warranties are limited but can be extended with extra money

WARRANTY

 Have exceptions that limit the conditions in which a manufacturer will be obligated to

rectify a problem

For example: Many warranties for common

household items only cover the product for up to one year from the date of purchase and usually only if the product in question contains problems resulting from defective parts or workmanship

WARRANTY

 Many vendors offer extended warranties

These extended warranties are essentially

insurance policies for products that consumers pay for up front

 Coverage will usually last for a handful of

years above and beyond the manufacturer's warranty and is often more lenient in terms of limited terms and conditions

WARRANTY

 A consumer purchases a motor vehicle that comes with a three year or 100,000km written warranty outlining what the manufacturer will

do if there are certain problems with the

vehicle this is a warranty against defects

 The stereo came with a three-year warranty

 A one-year warranty for the refrigerator

Examples for warranty against defects:

“A written promise given by a company that something you buy will be replaced or repaired without payment if it goes wrong within a

particular period or a firm promise that you will

do something or that something will happen”

Oxford Advanced Dictionary

GUARANTEE

 A guarantee is a document that also protects the right of a consumer A guarantee promises that something that is sold is of the quality that is promised

 Guarantees come for a fixed amount of time, i.e 6

months, 2 years, etc

 If the buyer is not satisfied with the products, they would return the consumer’s money

 A guarantee may require a person to fill out a registration card or provide the guarantee card in order to get the

promised service

GUARANTEE

 Many different businesses and service providers will offer guarantees

 Be careful

 Some guarantees are insurance backed and these may prove more secure

 Cannot be used to limit or exclude responsibility of

a business for selling faulty products

GUARANTEE

 There's no guarantee that she'll come (= She may not come)

 We had to offer our house as a guarantee when getting the loan

 They want the new contract to include a

guarantee of job security

 A close relative, usually a parent, can provide

a guarantee for the loan

Examples of guarantee:

02 Differences between Warranty & Guarantee

Differences between Warranty & Guarantee

Differences between Warranty & Guarantee

A sells an item to B and

guarantees that it will

produce 20 widgets a day

• B can return the item to

A for a full refund if it does not produce 20 widgets a day

• Similarly, C can

guarantee A’s debt to B,

so that, if A fails to pay

B, C, the guarantor, is obliged to pay B instead.

A sells an item to B and warrants that it can produce

20 widgets per day, but in fact it produces only 19, B can bring an action for damages against A (1) the cost of fixing the item

(2) the loss of profit B cannot return the item for a full refund.

SUMMARY

1 The guarantee is a commitment to make good defects of a product

or a service in a fixed period A warranty looks after the repairing of a

new article within the validity period

2 A guarantee is a legal contract without any payment A warranty

received on payment is also a legal instrument with which the seller

can be brought to books

3 A guarantee is an addition to the legal consumer rights A warranty

does not affect the rights under the consumer act

4 A guarantee is applicable irrespective of the provision of the

warranty A warranty is free to go together with a guarantee issued on

the same article

5 Probably the best term is defects liability since this is the only term

with an exclusive and unmistakable meaning

EXERCISE

EX2 : Who are guarantors in export contract?

EXERCISE

EX3 : Translate into Vietnamese

Party B will guarantee all materials and equipment is

using well

Party B warrants the all items (material and equipment…)

18 months

In the warranty period, Party A has rights of request to

change new or/and repair the equipment

because of the defect faults All costs/fees relating to

change new or/and repair equipment will be

bound to Party B

EXERCISE

EX3 :

Bên B bảo đảm tất cả các thiết bị đều sử dụng tốt

Bên B bảo hành các thiết bị nêu trên 18 tháng

Trong thời gian bảo hành, bên A có quyền yêu cầu sửa

chữa hoặc/và thay mới các thiết bị nếu do lỗi sản

xuất Tất cả các chi phí phát sinh do việc thay mới hay

sửa chữa này sẽ do Bên B phải chịu

EXERCISE

EX4 : Translate into Vietnamese

Disclaimer of warranty

The Supplier disclaims all warranties with regard to any

software licensed to the Purchaser under this Agreement,

including all implied warranties of merchantability and

fitness for a particular purpose In no event shall the

Supplier be liable for any special, indirect or consequential

damages whatsoever resulting from loss of use, data or

profits, whether in an action of contract, negligence or

other tortuous action, arising out of or in connection with

use or performance of any software licensed under this

agreement

EXERCISE

EX4 :

Từ chối bảo hành

Nhà cung cấp từ chối bảo hành bất kỳ phần mềm nào mà

người mua được phép sử dụng theo thỏa thuận này, bao

gồm cả các bảo hành ẩn ý về khả năng mua bán lại và

những mục địch cụ thể phù hợp nào đó Trong mọi trường

hợp nhà cung cấp sẽ không phải chịu trách nhiệm về các

thiệt hại trực tiếp hay gián tiếp đặc biệt nào phát sinh từ

việc mất quyền sử dụng, mất số liệu hay thiệt hại lợi

nhuận do một hành động theo hợp đồng, do lơ là hay các

hành động sơ suất khác phát sinh trực tiếp hoặc gián tiếp

khi sử dụng các phần mềm được cấp phép theo thỏa

thuận này

EXERCISE

EX5 : Translate into English

Trong thời gian bảo hành, người Bán chịu trách nhiệm

hỗ trợ kỹ thuật giúp người Mua giải quyết các vấn đề kỹ

thuật nếu hàng hóa có lỗi Cách/kênh hỗ trợ kỹ thuật

đầu tiên là bằng điện thoại và/hoặc email

EXERCISE

EX5 :

During the warranty period, the Seller is responsible for

technical support to help the Buyer in solving technical

problems if the Goods show any defects The first line of

technical support shall be by telephone and/or email

Thank you

Have a nice day