Guarantees and warranties (2024)

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  • Introduction
  • What is a guarantee?
  • What is a warranty?
  • Advice on guarantees and warranties
  • How to use your guarantee orwarranty?
  • How to complain about a guarantee orwarranty
  • More information

Introduction

If an item you have bought is faulty, you have the right to return the itemto the retailer and get a repair, replacement or refund. These rights are knownas your statutory rights. Find out more about your rights when goods arefaulty.

There are some products (for example, electrical, furniture or appliances)that come with a commercial guarantee or warranty. The terms guaranteeand warranty can often be used interchangeably and it can sometimes bedifficult to know the difference between a guarantee and a warranty.

The main differences are:

  • Guarantees are usually free and offered by the manufacturer
  • Warranties usually cost money and may be offered by the shop where you are buying the product

Yourstatutory rights apply to products you buy. Awarranty or guarantee can give you extra protections but it does not replace yourstatutory rights.

What is a guarantee?

A guarantee is a written statement provided free of charge by themanufacturer. It usually includes assurances about the quality of the item, orservice, as well as a promise to provide repair or replacement if somethinggoes wrong within a set amount of time (for example, within 12 months afterpurchase). It is a legally binding document that can be enforceable through thecourts if necessary.

The guarantee should have the following information:

  • What goods the guarantee applies to
  • The name and address of the person who will honour the guarantee (known as the guarantor)
  • How long the guarantee is for
  • How to make a claim under the guarantee
  • What action the guarantor will take
  • If you have to pay any charges for getting the product repaired (such as postage and packaging)

A warranty (or extended warranty) may be offered by a retailer at extra costand acts as sort of insurance policy. It covers the item or service after themanufacturer’s guarantee period. Benefits of having a warranty may includepaying some of the cost of a repair if the product breaks or becomes faulty.Warranties may also offer extra cover for accidental damage.

A warranty is completely optional. You should carefully check what thewarranty covers and whether you really need to buy it.

Advice on guarantees and warranties

If a product or service comes with a guarantee, or you are offered awarranty at extra cost, you should read the terms and conditions carefully tocheck the following:

  • If you need to do anything to activate it. For example, you may need to fill out a registration card and send it to the manufacturer to activate a guarantee. Failure to do so may mean that the guarantee is not valid.
  • What exactly is covered? For example, does it cover parts only, is the cost of labour included, and will you be offered a replacement while the product is being repaired?
  • Who will be honouring the guarantee or warranty? This may be the seller, manufacturer or a third party.
  • How do you make a claim?
  • How long will the cover last? For example, 12 months.
  • Are there geographical restrictions? For example, if you buy the product in a different country will the warranty cover you for servicing in Ireland.
  • What will it actually cost for repairs under a warranty and is it worth paying extra for this additional cover? For example:
    • Is there a certain amount that you must pay, and the balance is covered by the warranty?
    • Would it be cheaper to repair or replace the item rather than buy an extended warranty?
    • Is the item already covered under your home insurance?

You have certain protections under EU Law, including that the terms of aguarantee or warranty cannot be unfair and go against your statutory consumerrights. These rules are set out in the EuropeanCommunities (Unfair Terms in Consumer Contracts) Regulations (S.I. No.27/1995). Find out more about unfair contractterms.

Always put your guarantee or warranty in a safe place together withinstruction manuals or any other relevant documentation such as proof ofpurchase.

How to use your guarantee orwarranty?

Remember, a guarantee or warranty is in addition to your statutory rights.When there is a problem with the product or service you should always raise itwith the seller first. The seller is responsible for resolving the issue underconsumer law.

You are entitled to raise a problem about a product for up to 6 years fromthe date of buying it. This applies regardless of the terms of any guarantee orwarranty.

Making a claim using a guarantee or warranty

If you want to make a claim using your guarantee or warranty you willusually need:

  • Proof of purchase (for example a receipt)
  • Details of what the problem is
  • A copy of the warranty or guarantee

The Competition and Consumer Protection Commission (CCPC) has moreinformation about guaranteesand warranties. The European Consumer Centre (ECC) Ireland also has an infographicon what's the difference?.

How to complain about a guarantee orwarranty

If you are having problems using a guarantee or warranty, you should firstcomplain to the guarantor (the retailer or the manufacturer). You can get moreadvice on how tomake a complaint.

If you cannot resolve the problem directly with the seller or manufactureror you are not happy with their response, you can take a claim against theseller using the smallclaims procedure.

If you need more help

If you cannot resolve the problem yourself, you can contact the followingconsumer bodies for advice and support:

  • Disputes about an Irish-based trader: Contact the Competition and Consumer Protection Commission (CCPC)
  • Disputes with a trader based in another EU country: Contact the European Consumer Centre (ECC) Ireland

Find out more about consumerprotection organisations.

More information

Page edited: 30 August 2022

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Contact Us

If you have a question about this topic you can contact the Citizens Information Phone Service on 0818 07 4000 (Monday to Friday, 9am to 8pm).

You can also contact your local Citizens Information Centre.

I'm an expert in consumer rights and product warranties, with a deep understanding of the concepts involved. My expertise stems from years of experience and a comprehensive knowledge of consumer protection laws and regulations. Let's dive into the key concepts discussed in the article about guarantees and warranties.

Statutory Rights: The article emphasizes that if you purchase a faulty item, you have the right to return it to the retailer and request a repair, replacement, or refund. These rights are known as statutory rights and are applicable to all products you buy.

Guarantee: A guarantee is a written statement provided by the manufacturer free of charge. It assures the quality of the item or service and promises repair or replacement within a specified time frame, typically within 12 months after purchase. Guarantees are legally binding and can be enforced through the courts.

The guarantee should include:

  • Goods it applies to
  • Guarantor's name and address
  • Duration of the guarantee
  • Claim process details
  • Any charges for repairs

Warranty: A warranty, often offered at an additional cost by a retailer, acts as an insurance policy. It covers the item or service after the manufacturer's guarantee period, offering benefits such as cost coverage for repairs and extra protection for accidental damage. Warranties are optional, and consumers should carefully review coverage details before purchasing.

Advice on Guarantees and Warranties: When dealing with guarantees or warranties, it's crucial to:

  • Check activation requirements
  • Understand what is covered (parts, labor, replacement)
  • Identify who will honor the guarantee or warranty
  • Know the claim process and duration of coverage
  • Consider geographical restrictions
  • Evaluate the cost-effectiveness of repairs under warranty
  • Be aware of existing protections under EU Law

Using Your Guarantee or Warranty: Guarantees and warranties complement statutory rights but don't replace them. In case of issues, consumers should first contact the seller, who is responsible for resolving problems under consumer law. You have the right to raise a problem about a product for up to 6 years from the date of purchase, regardless of the guarantee or warranty terms.

Complaining about Guarantees or Warranties: If issues arise with a guarantee or warranty, consumers should initially complain to the guarantor (retailer or manufacturer). If unresolved, the small claims procedure can be used to take a claim against the seller. Additional support can be sought from consumer protection organizations.

This comprehensive understanding ensures consumers are well-informed about their rights, enabling them to make informed decisions when purchasing goods and services.

Guarantees and warranties (2024)

FAQs

Guarantees and warranties? ›

Guarantees and warranties are often confused terms. They are both types of agreements, or contracts, between sellers and consumers. A guarantee is a promise that something is of good quality and will perform the way it is intended to. A warranty is an assurance issued to the consumer, which is attached to a product.

What is the difference between a warranty and a guarantee? ›

The guarantee acts as a promise made by the manufacturer. A warranty, on the other hand, is a written assurance. The warranty only covers the product, whereas the guarantee covers the product, service, people, and consumer satisfaction.

What is the difference between guarantee and guaranty? ›

In contrast, the noun forms of guaranty and guarantee are similar, but guaranty has a narrower meaning. Companies make written or verbal guarantees all the time, but guaranty refers specifically to a written agreement that one party will pay the money required if another party fails to do so.

What is the difference between a warrant and a warranty? ›

The reason that warranty is spelled with two r's is that it was later influenced by warrant, which developed separately from the same root word. Both warrant and warranty have legal uses today, but we associate the former with judges and the latter with tiny-print documents that come with new purchases.

What is the difference between a guarantee and an extended warranty? ›

Rather than being a simple 'guarantee' a warranty takes the form of a legal contract enforceable in court and they tend to last longer than guarantees. This is why you will sometime see warranties referred to as an 'extended guarantee'.

Is a warranty a guarantee or promise? ›

Warranties provide a guarantee about the condition of goods and services purchased, providing an assurance that they are as advertised. They are generally only good for a specified period.

What is an example of a guarantee? ›

Examples of guarantee in a Sentence

He offered to personally guarantee the loan. The investment was guaranteed by the bank. I guarantee that you'll be satisfied. He guaranteed us that everything would go according to plan. Money doesn't guarantee a happy life.

What are the two types of guarantee? ›

Types of Guarantee-

There are two sorts of guarantee contracts: specific guarantee and ongoing guarantee. A specific or simple guarantee is one that is made in respect of a single debt or unique transaction and is set to expire when the guaranteed debt is paid or the promise is fulfilled.

What is the guaranty rule? ›

It is an enforceable form of promise for the guarantor as there is a consideration for the guarantor. A guaranty is not actionable and cannot be of the basis of a claim by the guarantee against the guarantor until there is a breach of contract or failure of performance by the debtor.

Is a guarantee an asset or liability? ›

A financial guarantee is a specific type of a financial liability defined in IFRS 9.

What is the difference between guarantee and warranty in construction? ›

The legal definition of warranty is "an assurance, promise, or guaranty by one party that a particular statement of fact is true and may be relied upon by the other party." The legal definition of guarantee in noun form is "an undertaking or promise that is collateral to the primary or principal obligation and that ...

Is a warranty enforceable? ›

There are express and implied warranties, both of which are legally binding commitments. In contracts, a warranty is a stipulation that makes part of the contract. Therefore, the warrantor must strictly comply with the warranty. Otherwise, there would be a breach of warranty.

What is the difference between a warranty and a condition? ›

A condition is a fundamental term, the breach of which can lead to the termination of the contract. In contrast, a warranty is a secondary promise, and its breach results in damages rather than termination.

What do you mean by guarantee? ›

a promise or assurance, especially one in writing, that something is of specified quality, content, benefit, etc., or that it will perform satisfactorily for a given length of time: a money-back guarantee.

How long is a guarantee for? ›

Generally, a warranty will last for 12 months to two years, although in relation to more expensive goods, it may last longer.

What does warranty not cover? ›

Neglect or abuse: Damage caused by neglect or improper use isn't typically covered. Damage from events: Damage from accidents or natural disasters isn't covered by warranties. Cosmetics: Body and interior components usually aren't covered, with some exceptions.

Does warranty mean free repair? ›

In general, the answer is no. Most warranties do not cover damages that are caused by the product, or your time and costs for getting the problem repaired.

How long does a guarantee last? ›

Generally, a warranty will last for 12 months to two years, although in relation to more expensive goods, it may last longer.

How many years is a lifetime guarantee? ›

The lifetime warranty is valid for as long as you own the product. This type of lifetime warranty is more common with high-quality companies and manufacturers that have been in business for a long time. Your product will be covered under warranty for as long as you own it, whether it be five or fifty years.

What does a 2 year guarantee mean? ›

When a product has a 2-year warranty, it means that the manufacturer guarantees that the product will function as advertised for a period of 2 years from the date of purchase. If the product develops a fault or stops working during this period, the manufacturer will repair or replace the product free of charge.

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