A series of unfortunate incidents

As a consumer, you may have found yourself in one (or two or all) of these unfortunate incidents (not unlike the hapless Baudelaire orphans, who were at the mercy of the the evil Count Olaf, who was bent on swindling them out of their family fortune):

1) You buy a consumer product, say a flat iron. When you go home, you try it and – horrors! – it’s not working (perhaps it’s the handle that’s heating up?).

2) You discover that a pricey product you just bought is a fake – it does not perform as it is touted in its glowing advertisements. For instance, a shampoo to regrow hair or a wonder pill to make you grow. Now, you’re left wondering where all your money went.

3) You think you bought a product in perfect condition – and you’re perfectly content. But after sometime, it malfunctions. Woefully, you find out you bought a lemon. This is what’s called a hidden defect.

Clearly, these are instances of deceptive, unfair, and unconscionable sales acts. And for these, the Consumer Act gives the consumer two years within which to file a consumer complaint with the government agency that has jurisdiction over the product in question. It is the job of the government agency to act as mediator between the buyer and the seller/manufacturer to ensure that the consumer gets due redress: a repair of the product, or a replacement or refund, if the product is irreparable.

But when does the two-year period start ticking?

For the first and second cases, it begins on the date of sale. Thus, you must keep those receipts.

In cases of hidden defects, the counting begins from the day the consumer discovered the defect.

When the two-year prescriptive period lapses, the consumer is considered by law to have waived his right to complain about the product in question.

But how does this differ from a warranty?

Nearly all consumer products come with a written or "express" warranty. Express or implied, a warranty is a private contract between the manufacturer or the seller and the buyer.

Our Department of Trade and Industry (DTI) source elaborates: "Since this is a private contract, the two parties are bound by the terms of the warranty. The warrantor is obliged to honor all conditions stated in the warranty. For example: to repair/replace without added cost to the customer, the entire product or the defective part, within two years of purchase. The customer is also obliged to give the warrantor the opportunity to honor the terms of the warranty. For example: Upon discovering the defect, the right thing to do is to have the product remedied by the manufacturer first before filing a consumer complaint with a government agency."

However, there are certain conditions, as outlined in the Consumer Act, that must be met:

• The defect must be repaired within 30 days.

• The manufacturer/retailer and the customer may agree to cut or lengthen the repair period, but it cannot be shorter than seven days or longer than 180 days.

Take note, all ye consumers: If within 30 days (or the agreed repair time), the defect has not been corrected, the consumer has the right to have the product replaced with a similar one, or to ask for a refund.

Take double note: The manufacturer/retailer cannot force the consumer to keep on having the product repaired over and over.

Be a proactive (not reactive) and vigilant consumer who knows his rights. Next time you end up with a defective product, take the following steps:

1) Go back to the store and let them correct the defect.

2) After a reasonable number of repair attempts and the product is still defective, demand a replacement or a refund.

3) If the store is uncooperative, do not wait until the warranty period lapses – and certainly, do not wait until the two-year prescriptive period expires. File a consumer complaint with the proper government agency.

So don’t just sit there – write something!

For inquiries, call 751-3330

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No student fare discount? Unfair!

A reader writes: With fuel prices going up, up, and away and times getting harder and harder, every little savings go a long way. Just wondering: Seniors get a 20 percent discount in drug stores, restaurants, moviehouses, etc. What about young people like students, who have no means of livelihood. Aren’t they supposed to be entitled to a student fare discount? But why is it that some drivers/transpo companies don’t honor the student fare discount. Now, that’s unfair!

Here’s DTI’s prompt reply:

Land Transportation Franchising Regulatory Board (LTFRB) Memo Circular 2003-033 stipulates the provisions for grant of student fare discounts. PUJs and PUBs are covered by the memo. Not included are taxis and FX taxis.

The fare discount covers all students, 21 years old and below, enrolled in elementary, secondary, and collegiate schools including academic, vocational, and technical schools duly recognized by the government, except those of short-term courses or seminar typs. To avail of the said discount, the student has to present his/her valid school ID or registration papers proving his/her enrolment.

A new memo circular, MC2005-014, supplements the previous guidelines, to wit:

"Students can only avail themselves of the 20 percent discount during the school year from Mondays to Fridays. Said fare discount cannot be availed of on Saturdays and Sundays, legal and special legal holidays, Christmas and summer breaks. Post-graduate students (those taking up medicine, law, masteral, doctoral degrees, and the like) cannot avail themselves of the said fare discount."

This memo supersedes previous issuances inconsistent with the above provision.

LTRFB is a member of ConsumerNET, a systematic networking of 43 government agencies formed to give reliable information, prompt assistance, and speedy resolution of consumer complaints. The Department of Trade and Industry sits as the secretariat of ConsumerNET.

Don’t let yourself be taken for a ride.

For complaints, call the LTRFB hotlines 0921-4487777.

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We’d love to hear from you. E-mail us at ching_alano@yahoo.com.