Are used goods covered by warranty? What are the measures to warrant goods in Vietnam according to the regulations of laws?
What is the goods warranty?
Goods warranty is understood as the seller's guarantee for the use value as well as the quality and features of the goods. Usually product warranty for a specified period of time for damaged goods, technical defects of the seller.
According to that, the quality of products for purchase and sale transactions is specified in Article 432 of the 2015 Civil Code of Vietnam as follows:
- The quality of an object for sale and purchase shall be as agreed by the parties.
- Where the quality of an object has been proclaimed or is provided by a competent authority, the quality of the object agreed by the parties shall not be lower than the quality proclaimed standard or the stipulations of the competent authority.
- Where parties have not agreed on or agree unclearly on the quality of the object for sale, its quality shall conform to requirements pertaining to quality of the object proclaimed or prescribed by a competent authority or by industry standards.
If there is no quality standard, regulations of a competent authority and industry standard in terms of an object for sale, its quality shall be determined according to normal standards or separate standards in conformity with the purposes of entering into contract and as prescribed in the Law on consumers’ right protection.
Are used goods covered by warranty? What are the measures to warrant goods in Vietnam according to the regulations of laws? (Image from the Internet)
Are used goods covered by warranty?
Pursuant to the provisions of Article 445 of the 2015 Civil Code of Vietnam on assurances as to quality of objects for sale as well as the seller's responsibilities for used goods as follows:
Assurances as to quality of objects for sale
1. A seller must assure the utility value or the characteristics of the object for sale and purchase. If, after having purchased an object, a purchaser discovers defects which cause the object to lose its value or diminish its utility value, the purchaser must notify the seller immediately of such defects and has the right to require the seller to repair or replace the defective object with another object, to reduce its price and to compensate for damage, unless otherwise agreed.
2. A seller must assure that an object for sale corresponds to descriptions on any package, to any trademark or to any sample selected by the purchaser.
3. A seller shall not be liable for any defect of an object in the following cases:
a) Where the purchaser knew or should have known of the defect at the time of purchase;
b) Where the object was sold at an auction or a second-hand shop;
c) Where the purchaser was at fault for causing the defect.
Thus, in case the purchased goods are used goods, the seller is not responsible for the quality assurance and product warranty. However, Clause 1, Article 446 of the 2015 Civil Code of Vietnam stipulates that the product warranty shall be agreed upon by the parties when buying and selling goods. Therefore, when buying used goods, if there is an agreement between the seller and the buyer on product warranty, the seller must perform the warranty obligation as agreed.
What are the measures to warrant goods in Vietnam according to the regulations of laws?
Measures to warrant goods are specified in Article 448 of the 2015 Civil Code of Vietnam as follows:
- A seller must repair a defective object and assure that it satisfies the quality standards or characteristics as undertaken.
- A seller shall pay the costs for repairing a defective object and for transporting it from the place of residence or head office of the purchaser to the place of repair and vice versa.
At the same time, purchaser has the right to require the seller to complete the repairs within a time limit agreed by the parties or within a reasonable time. If the seller is not able to make or complete the repairs within such time, the purchaser has the right to demand a price reduction or replacement of the defective object with another object, or it has the right to return the object in exchange for a refund.
In addition, Article 21 of the 2010 Law on Protection of Consumers’ Rights in Vietnam stipulates the seller's responsibility for warranty for goods as follows:
- Provide consumer with similar goods, components or accessories for temporary use or provide other forms of settlement accepted by consumers during implementation of the warranty;
- Exchange new similar goods, components or accessories or take back goods, components or accessories and return money to consumers in the case where time for warranty implementation runs out while failing to repair or solve the error.
- Be responsible for the warranty of goods, components or accessories to consumers even in the event of authorizing other organizations or individuals to perform the warranty.
On the other hand, according to the provisions of Article 449 of the 2015 Civil Code of Vietnam, in addition to demanding the performance of warranty obligations, a purchaser has the right to require the seller to compensate for damage caused during the warranty period due to technical defects of the object.
A seller shall not be liable to compensate for damage if it is able to prove that the damage was caused due to the fault of the purchaser. The seller shall be entitled to a reduction in the amount of compensation for the damage where the purchaser has failed to take all necessary measures available to it to mitigate the damage.
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