Although we consider the extension of the warranty periods as a positive step, we believe that the warranty period should be five years for movable property and ten years for real estate. In the case of real estate, we believe that the warranty should not only cover structural components. Since 1 January 2022, the warranty period for movable property, such as equipment, is three years and the warranty period for real estate in some cases ten years. The amendment is the result of the implementation of a European directive aimed at strengthening consumer protection. Yes. Second-hand goods sold by merchants now benefit from a three-year warranty, unless the duration is shortened by mutual agreement, provided that it is not less than one year. In the case of movable property©, the legal obligation to repair or replace is maintained within the maximum period of 30 days, except in cases where the nature and complexity of the goods, the seriousness of the lack of conformity and the work necessary to carry out the repair or replacement justify a longer period. Another change that this law implies is that in case of repair of the goods, the warranty extends by 6 months for each repair within the limit of 4 extensions. The repair should not exceed 30 days, with a few exceptions.
And when the goods are replaced, a new warranty begins. Yes. The new law requires companies to reserve spare parts stocks for a period of 10 years to ensure better customer service. That is, after the new law comes into force, you will have the guarantee that in the next 10 years, for example, a washing machine or computer will be repaired by manufacturers if a part needs to be replaced. This rule applies to exceptions to perishable goods or goods the nature of which is incompatible with the specified period. In addition, in the case of real estate, we continue to argue that the five-year warranty period is too short (except in the cases mentioned above) because housing represents a significant investment for consumers. Movable goods, purchased both in the physical store and on the Internet, now have a 3-year warranty. However, in the 3rd year of warranty, the consumer will be asked to prove the defect upon delivery of the goods. Already in the first two years of the warranty, none of this will be necessary. If the goods are replaced, the replacement has a warranty period of 3 years from the date of delivery. The new warranty rule is maintained©by changing only the number of years of warranty. The new warranty period for mobile goods is 3 years.
The warranty period for movable property is three years. During the first two years, it is assumed that the defect already existed at the time of delivery of the goods, so that the consumer does not have to prove it. However, if the defect occurs or becomes apparent during the last warranty year, the consumer is obliged to prove that the defect already existed at the time of delivery of the goods. With this law, the warranty period is extended for each repair of the product by an additional 6 months up to a maximum of 4 repairs. However, if the product is replaced, the warranty of this product will return to the original period, soon to have 3 years warranty. The new rules also apply to goods sold second-hand or refurbished, provided they are sold by commercial entities. Despite the three-year warranty, this period can be shortened if there is a mutual agreement between the companies and their customers. 1. What is the new warranty period for mobile products? Remanufactured products, i.e. those that have already been used or returned and are put back on the market in this quality after testing, preparation, verification and testing by a specialist, also have a three-year warranty period. However, the consumer must be informed that the goods are refurbished and that the mention is mandatory on the invoice. In the case of used movable property, the warranty period may be reduced from three years to 18 months, provided that there is an agreement between the parties.
However, this warranty period can be shortened by mutual agreement between the entrepreneur and the consumer. The body delivered that has been replaced resets the warranty. In other words, these goods are now three years old from the date of delivery instead of the defective item. This means that the current rule is maintained, with the respective extension of the warranty period. 7. Does the repaired goods benefit from an additional warranty period in case of repair? 8. If the goods are replaced, will the new goods benefit from a new warranty period? Today, the new law comes into force, which regulates the rights of consumers when buying and selling goods. The most important innovation is the extension of the warranty period from two years to three years in these new rules. Decree-Law No.
84/2021, published in the Diário da República, is the implementation of the European Union Directives (770 and 771 of 2021), which aim to increase the level of consumer protection with regard to purchase and sale contracts with professionals. The warranty period for chatted property has been extended from two to three years in 2022, an extension that falls short of what we recommend. A longer warranty period can hold manufacturers accountable by forcing them to increase the shelf life of products. The new law also eliminates the consumer`s obligation to report the defect within a certain period of time after becoming aware of it. You can now do this by “exercising the rights available to the consumer during the warranty period of the goods”. Real estate now has a 10-year warranty instead of 5 years in case of lack of conformity with the construction elements. For the remaining lack of conformity, the current period of 5 years is maintained. If the product sold proves to be defective during the legal warranty period or does not look or function as advertised, the seller is liable. In some countries, this responsibility may also lie with the manufacturer or importer. Although the law provides for a warranty period of two to three years from the date of delivery of the good, in case of non-conformity (defect) within the third year, it is up to the consumer to prove that it existed at the time of delivery of this good. According to the former “Warranty Act”, in the event of non-conformity (defect), the consumer had the right to choose between repair, replacement, price reduction or termination of the contract.
The new regulation provides for the same rights, although there is a hierarchy between them. As a first step, the consumer can choose to repair or replace the good – unless the chosen medium is impossible or involves disproportionate costs – and only then does he have the right to opt for price reduction or termination of the contract. In the case of personal property, which is now guaranteed for three years, we believe that this period is even less than what we advocated as a means of ensuring better consumer protection and encouraging the manufacture of products with longer shelf life. Legislative Decree no. 84/2021, published in October 2021, thus extends the warranty period from 2 to 3 years for all goods sold, including those sold second-hand or renovated by professionals. This law applies to goods purchased in physical stores, as well as on the Internet. In order to prepare its members for the amendments to the Warranty Law that came into force earlier this year, ACAP – Portugal`s Automobile Trade Association – organised an information session attended by Elsa Reis, Director of the Automotive Arbitration Centre (CASA), and Jorge Morais Carvalho. Director of the NOVA Consumer Lab, Associate Professor and South Director of the NOVA School of Law. The objective was to present the changes, focusing on the deadlines to be respected in the guarantees, which are now 3 years. If the goods are repaired, the warranty for each repair is extended by 6 months, up to a maximum of 4 years.
The voluntary guarantee (i.e. where there are additional rights of legal recognition) is maintained, although it is now called a “commercial guarantee”.