No warranty for second-hand appliance

Q. Ligaya Lobo of Nueva Ecija writes: "We seldom go to Manila to buy things for our home. One time, a visiting friend convinced us to go with him to Caloocan. We bought a colored TV set for only P1,500 in one of the stores selling second-hand home appliances imported from Japan. My kids were so happy! However, after a month, the TV broke down – it cannot be turned on anymore. Can we request the distributor of the second-hand appliance for a replacement?

A. That is the problem with second-hand appliances – they have no warranties. You cannot force the distributor to replace or repair them. You buy these items at your own risk. Remember that these appliances did not undergo laboratory testing and other standards assurance processes. Thus, there is no way to know whether they last or perform at their optimum best.

Q. Mario Cuezon of Makati filed a complaint over the hotline: "I had my cell phone, which is still under warranty, repaired. It’s been almost a month now but the service center said they are still waiting for several spare parts from abroad. I am just concerned because the warranty of my cell phone expires next month. What if the service center has not fixed my phone by then? Do I have to pay for the repairs of my phone?

A. No. You should not be made to pay for the repairs even if the warranty has already expired. You reported the defect of the product and brought it to the service center for repairs within the warranty period. It is not your fault that the spare parts are taking long in coming.

Q. My mother brought our defective three-month-old television to the manufacturer’s service center for repairs. Our TV is covered by a one-year warranty of parts and services so she was expecting that it would be repaired without any expense on our part. When she returned to claim the TV, she was asked to pay P2,500 for the parts and the service! Mom was told that our TV was not covered by warranty as we failed to mail the warranty card to the manufacturer soon after buying it. Is this correct?

A. Even if the buyer fails to mail the warranty card to the product manufacturer, the product is still covered by the terms of the warranty.

According to the Consumer Act, the distributor of the product should furnish the manufacturer or importer of the product with a sales report containing such information as the date of purchase, model of the product bought, the serial number and the name and address of the buyer. This report is equivalent to a warranty registration with the manufacturer. If the distributor fails to send this document to the manufacturer, the distributor will personally cover the warranty owed the buyer/client.

In your mom’s case, the manufacturer is obliged to make good the warranty but at the expense of the distributor.

Violation of this provision in the Consumer Act is considered a criminal offense and carries with it a fine of between P1,000 and P50,000 or imprisonment from one to five years. Administrative penalties include a fine ranging from P500 to P300,000 and an additional fine of P1,000 for each day of continuing violation.

(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI Bldg., Sen. Gil Puyat Ave., Makati City. DTI’s consumer hotlines are 896-5740 or 890-4932 and www.e-reklamo.net.ph)