Warranties (manufacturer's, extended and legal)

Perhaps you've already bought a refrigerator from a retailer only to have it break down after just a few months. A household appliance should have a longer lifespan, so what should you do in such a situation?

Let's take a look at the different types of warranty and how to solve your refrigerator problem.

  • Manufacturer's warranty
  • Extended warranty
  • Legal warranty
Garantie 1

The manufacturer's warranty, also known as the contractual warranty, is what the manufacturer can offer you. Since it's a contract, the manufacturer can set certain terms and conditions, including certain exclusions. For example, the warranty may stipulate that the manufacturer will repair the product for a period of one year. 

This type of warranty is often advertised via a document inserted in the box of your good. Some manufacturers require you to register your good on the company's website or return a form to activate the warranty. Please note that you are under no legal obligation to comply with such a requirement in order to benefit from this warranty.

Extended warranties are those that are offered, often at a high price, at checkout (often costing between 20% and 25% of the product's value). In general, this warranty is designed to extend the warranty already offered by the manufacturer. Retailers often insist on selling you this type of warranty, since it's very lucrative for them. This warranty may also involve a third-party company.

Even before offering you an extended warranty, the law requires the retailer to inform you of the existence of the legal warranty, both verbally and in writing. Since this is a contractual guarantee, it may also include certain exclusions. 

By law, every item you buy or rent is automatically covered by the legal warranty. This means that this protection is free of charge, and is automatically activated when you check out. So you don't have to take any action or pay any extra money to benefit from it. It's part of the law, which means that all retailers and manufacturers must respect it.

The legal warranty, governed by the Consumer Protection Act, stipulates that the goods you purchase must have a reasonable life expectancy and function properly, as intended.

The law is not specific about what constitutes a reasonable life. Rather, it's a case-by-case question, depending on the type of product, conditions of use and price paid. For example, a new refrigerator costing $1,000 should work well for several years. If it breaks after only 1? years, you may be eligible for this warranty. You can claim this warranty both from the retailer who sold you the goods and from the manufacturer. They are obliged to rectify the situation by repairing the product, replacing it or refunding your money.
Of course, it is your responsibility to use the product properly. For example, if you use the product for a purpose other than its intended use, or in a dangerous manner, the legal warranty does not apply.

How do you know what the reasonable duration of a good might be? The Office de la protection du consommateur has developed a tool that may help.

HOW TO ENFORCE A WARRANTY

Contact the retailer responsible for honoring the warranty to give them a chance to resolve the situation.For the manufacturer's warranty: Contact the manufacturer, e.g. the parent company of your fridge brand.

For extended warranty: This depends on your contract. It may be the retailer (the one who sold you the good) or a third-party company that specializes in this type of warranty.

For the legal warranty: Both the retailer and the manufacturer are obliged to honor this warranty.

If you can't find common ground, you can contact the Office de la protection du consommateur to try mediation via the PARLe platform, which offers online dispute resolution assistance. It's free!

Still no agreement? You can send a formal notice to the merchant responsible for honoring the warranty. 

You can file a claim with the Small Claims Division of the Court of Quebec (if your claim is $15,000 or less). Contact us for more information.