NWIP – Consumer warranties andguarantees
2015-10-14

TO THE ISO MEMBER BODIESNWIP – Consumer warranties and guarantees proposed by
COPOLCODear Sir or Madam,
Please find attached a proposal for a new Project Committee on Consumer
warranties and guarantees submitted by the Consumer Policy Committee(COPOLCO).
The proposal was originally submitted for voting to the ISO member bodies in20121. Although the proposal successfully passed the approval criteria, thecommittee could not be established due to the fact that no offers were received
to undertake the secretariat.
ISO Central Secretariat recently received an offer from DSM (Malaysia) toundertake the secretariat of this Project Committee, therefore the proposal has
been re-submitted for vote. The additional documents originally circulated withthe proposal are attached at annex.
If you have any questions, please contact us at tmb@iso.org.
Yours faithfully,

Sophie Clivio
Secretary to the Technical Management Board

Encl: Purpose & justification
Draft Guideline Standard on warranties
Results of questionnaire sent to member bodies
CV of the proposed Project Leader

1 See original proposal here

NEW WORK ITEM PROPOSAL
Closing date for voting

2016-01-14

Reference number(to be given by the Secretariat)

Date of circulation

2015-10-14
Secretariat

DSM

ISO/TC/ SC

N

Proposal for new PC

A proposal for a new work item within the scope of an existing committee shall be submitted to the secretariat of that committee with a copy to
the Central Secretariat and, in the case of a subcommittee, a copy to the secretariat of the parent technical committee. Proposals not within thescope of an existing committee shall be submitted to the secretariat of the ISO Technical Management Board.
The proposer of a new work item may be a member body of ISO, the secretariat itself, another technical committee or subcommittee, ororganization in liaison, the Technical Management Board or one of the advisory groups, or the Secretary-General.
The proposal will be circulated to the P-members of the technical committee or subcommittee for voting, and to the O-members for information.

IMPORTANT NOTE: Proposals without adequate justification risk rejection or referral to originator.
Guidelines for proposing and justifying a new work item are contained in Annex C of the ISO/IEC Directives, Part 1.

The proposer has considered the guidance given in the Annex C during the preparation of the NWIP.
Proposal (to be completed by the proposer)
Title of the proposed deliverable.
(in the case of an amendment, revision or a new part of an existing document, show the reference number and current title)

English title

Guidelines on consumer warranties and guarantees

French title(if available)

Scope of the proposed deliverable.

The standard is intended for use by producers or sellers of goods and services to offer best practices and requirements for
effective warranties when these are provided with goods and services.
Purpose and justification of the proposal*

Businesses (especially in developing and emerging economies) tend to mislead customers on their right to have a product(or service) which they purchased repaired and/or refunded if it does not perform as intended. Many businesses therefore
take advantage of this and refer customers between wholesalers, manufacturers, regulators etc without providing
information on the status of their repairs or refunds. In many countries' jurisdictions there is insufficient information about
consumers' rights to warranties and guarantees in their consumer protection laws and domestic trade laws. However, withthe multi-billion dollar growth potential of e-commerce and online shopping, issues with consumer rights regarding
warranties and guarantees need to be clear, particularly when business is carried out on-line and across borders.
*The reason for requiring justification statements with approval or disapproval votes is primarily to collect input on market or stakeholder
needs, and on market relevance of the proposal, to benefit the development of the proposed ISO standard(s). Any NSB vote in relation to a
proposal for new work may result in significant commitments of resources by all parties (NSBs, committee leaders and delegates/experts) or
may have significant implications for ISO's relevance in the global community. It is especially important that NSBs consider and express
why they vote the way they do. In addition, it is felt that it would be useful for ISO and its committees to have documentation as to why the
NSBs feel a proposal has market need and market relevance. Therefore, please ensure that your justifying statements with your approval ordisapproval vote convey the reason(s) why your national consensus does or does not support the market need and/or global relevance ofthe proposal.

If a draft is attached to this proposal,:Please select from one of the following options (note that if no option is selected, the default will be the first

option):Draft document will be registered as new project in the committee's work programme (stage 20.00)
Draft document can be registered as a Working Draft (WD – stage 20.20)
Draft document can be registered as a Committee Draft (CD – stage 30.00)
Draft document can be registered as a Draft International Standard (DIS – stage 40.00)
Is this a Management Systems Standard (MSS)?
Yes
No
NOTE: if Yes, the NWIP along with the Justification study (see Annex SL of the Consolidated ISO Supplement) must be sent
to the MSS Task Force secretariat (tmb@iso.org) for approval before the NWIP ballot can be launched.

FORM 4 (ISO) v. 2013

Page 1 of 3

New work item proposal

Indication(s) of the preferred type or types of deliverable(s) to be produced under the proposal.
International Standard

Technical Specification

Proposed development track 1 (24 months)

Publicly Available Specification
2 (36 months - default)

Technical Report3 (48 months)

Known patented items (see ISO/IEC Directives, Part 1 for important guidance)
Yes

No

If "Yes", provide full information as annex

A statement from the proposer as to how the proposed work may relate to or impact on existing work, especiallyexisting ISO and IEC deliverables. The proposer should explain how the work differs from apparently similar work,
or explain how duplication and conflict will be minimized.

The proposed work / project may influence the work of ISO TC 290 and any international standards which deals with
Business to Consumers information about products and services. it draws on the ISO / IEC Guide 14:2003 - Purchase
information on goods and services intended for consumers.
A listing of relevant existing documents at the international, regional and national levels.
A Consumer Guide to Warranties and Product Liability, By Jean Lukaz MIH, Ghana Standards Board (GSB)/ The
Consumer Partnership, Ghana (The COP) Member
General Conditions for Guarantee Certificate, The Egyptian Organization for Standardization and Quality (EOS),
Consumer detriment: Assessing the frequency and impact of consumer problems with goods and services, April 2008,. UK
Office of Fair Trading
Canadian Consumer Handbook - Warranties
Warranties and refunds - a guide for consumers and business by the Australian Consumer and Competition Commission
ISO 10393 , Guidance standard on consumer product recall and corrective action: Code of good practice.
ISO 10377 , Consumer product safety -- Guidelines for suppliers
ISO 26000, Guidance on social responsibility
A simple and concise statement identifying and describing relevant affected stakeholder categories (including small
and medium sized enterprises) and how they will each benefit from or be impacted by the proposed deliverable(s)For consumers benefits will include:• Some degree of assurance that they will obtain redress if and when things go wrong;• Confidence that the product that they are buying will be backed by the producer/seller if the goods or services do not
perform as expected;• A common reference for designing clear and explicit warranties, which addresses product failure adequately andreduces the degree of risk sustained by the consumer;• Improvements to boost product quality;• More confidence in the product from retailers and consumers.
For suppliers especially online shopping startups (SMEs) and retail operators, benefits will include:• a competitive advantage in that consumers will purchase goods that have a warranty that conforms to an international
standard;
For regulators:
Laws on warranties and guarantees may exist but are frequently difficult to interpret by for both consumers and businesses(especially SMEs). This International Standard will help regulators communicate requirements to the relevant stakeholders
better. The International Standard will serve as an implementation tool or compliance support for the relevant stakeholders
by fulfilling consumer guarantees and warranties requirements under their laws (if such laws exist).

FORM 4 (ISO) v. 2013

Page 2 of 3

New work item proposal

Liaisons:
A listing of relevant external international organizations
or internal parties (other ISO and/or IEC committees) to
be engaged as liaisons in the development of thedeliverable(s).

ICPEN, OECD, CI

Joint/parallel work:
Possible joint/parallel work with:IEC(please specify committee ID)

CEN(please specify committee ID)

Other(please specify)

A listing of relevant countries which are not already P-members of the committee.

Ghana, Kenya, South Africa, Egypt, Thailand, Singapore, Indonesia, Vietnam, Australia, New Zealand, Chile, Brazil,
Argentina, Norway, Japan, Korea [possible membership only - Committee not yet formed]
Preparatory work (at a minimum an outline should be included with the proposal)
A draft is attachedAn outline is attachedAn existing document to serve as initial basis
The proposer or the proposer's organization is prepared to undertake the preparatory work required
Yes

No

Proposed Project Leader (name and e-mail address)

Name of the Proposer(include contact information)

ASSOCIATE PROFESSOR DR. RAHMAH ISMAILFACULTY OF LAW, UNIVERSITI KEBANGSAAN
MALAYSIA, 43600 UKM BANGI, SELANGOR
Tel. No.: +603-89118431
Fax No.: +603-89253217

Department of Standards Malaysia
Jabatan Standard Malaysia (Standards Malaysia),
Century Square, Level 1 & 2, Block 2300, Jalan Usahawan,
63000 Cyberjaya, Selangor Darul Ehsan, MALAYSIA
Tel : +603-8318 0002 Fax : +603-8319 3131

Mobile Phone No.: +6019-2731560
E-mail: irahmah@ukm.edu.my

Ratna Devi Nadarajan -CEO, Malaysian Association ofStandards Users, email: ratna@standardsusers.org
DSM staff:
shahrul_mt@jsm.gov.my / ainal@jsm.gov.my /Supplementary information relating to the proposal
This proposal relates to a new ISO document;This proposal relates to the adoption as an active project of an item currently registered as a Preliminary Work Item;
This proposal relates to the re-establishment of a cancelled project as an active project.
Other:

Annex(es) are included with this proposal (give details)

justification paper and results of survey when the NWIP was first proposed in 2012 by ISO COPOLCOFORM 4 (ISO) v. 2013

Page 3 of 3

Annex to NWIP – Purpose and justification
ANNEX 1 to COPOLCO 11/2011

NEW WORK ITEM PROPOSAL FOR ISO – GUIDELINE STANDARD ON
CONSUMER WARRANTIES
Purpose and justification (supplement) [originally prepared by WG on Global Market
Place under the ISO Consumer Policy Committee or ISO COPOLCO. The content has been updatedwith content related to other countries and online shopping]
Problems with warranties in relation to goods or services sold within one
jurisdiction
Problems with goods that are defective, or do not conform to the description of the contract,
are one of the main reasons for consumer complaints, and also cause large financial andother detriment, both for individual consumers and for the economy as a whole1.
For example, research in the UK estimates that a third of all country’s consumers
experience problems with defective goods and substandard services, amounting to a total
estimated financial loss to the country’s population of £6.6 billion per year (8.4 billion Euro at
the time of the study). Although the greatest proportion of this is generated by problems in
the professional and financial sectors (46%), loss related to faulty goods is still a large
proportion and amounts to many millions of Euros. Such problems also cause wasted time,anger, stress and additional expense; consumers in lower social strata experience greater
effects, both in terms of ability to spend on other items, and in terms of stress .
The UK research was conducted by the UK Office of Fair Trading. A survey was comprisedof two main stages: stage one fieldwork taking place from 2 November to 6 December 2007,
and stage two from 8 December 2007 to 13 January 2008.
The first stage consisted of an Omnibus sift among 10,022 respondents. Around 2,000 faceto-face interviews were conducted on a weekly basis. Interviews were in-home with quotas
and weighting applied to ensure a representative spread of interviewing. The omnibus
interviews not only provided a robust sample size for measuring the incidence of consumer
problems among the overall population, but also gave an opportunity to recruit respondents
for a follow-up interview.
Omnibus respondents were asked to identify any problems (up to six) that they may haveexperienced with various types of goods and services within the last year. Prompt materials
were used to optimize recall. The follow-up, second stage interview was conducted face-toface with respondents who experienced at least one problem and had agreed to be recontacted during the first stage.
Nine hundred and eighty-two respondents participated in the second stage interviews whichwere designed to give a more in-depth insight into problems and detriment and especially amore accurate assessment of detriment levels. In total, 1,489 problems were examined at
this stage.
As mentioned above, the sample for the omnibus stage was representative of the British
adult population (aged sixteen and over) in terms of demographics. It includes a range of
respondents spread across gender, age, social grade, region, ethnicity and household
structure.

1

European Union Policy Department, Economic and Scientific Policy, Consumer experience of legal guarantees, Transposition andimplementation of the two year guarantee contained in the Sales Directive. IP/A/IMCO/FWC/2006‐058/LOT 4/C1/SC7. Page 1

ANNEX 1 to COPOLCO 11/2011
Page 2For the second stage sampling was based on four strata according to the participants' initial
estimate of detriment levels: less than five pounds, more than five pounds but less than£100, more than £100 but less than £1,000 and more than £1,000. Respondents were asked
about up to two problems.
The methodology for this study involves two stages of interviews and stratification.
Throughout the UK report, all results were produced using the appropriate analyticalmethods and weightings to ensure that results are unbiased.
Examples of the problems detailed by respondents to a survey of COPOLCO and DEVCO
members on the desirability of a standard on warranties included:•
Misunderstandings about what precisely is covered;•
Problems of language;•
Disclosure of the terms of the warranty being made after it has been signed ;•Who should bear the additional costs the consumer incurs as a result of a faulty
product;•
Retailers offering to deal with a customer complaint in a way that negates thewarranty;•
Manufacturers claiming that the start of the warranty period is the production
date rather than the purchase date.
Examples of the problems detailed by respondents to the survey sent to members ofConsumers International (CI) included:•
Problems with warranties in relation to imported goods: food, clothes, car parts, etc;•
Overselling of extended warranties;•
Costs of seeking redress;•
Uncooperative attitude of dealers failing to assist customers in accessing the
manufacturer.
A separate response from ANEC/BEUC indicated concern with commercial warranties being
offered against a small payment where the price can be disproportionate in relation to therisk to the consumer.
In Malaysia the National Consumers Complaints Centre receives more than 40,000
complaints annually since 2012 and has been coming up with annual report on consumer
complaints since 2006. The source of many consumer grievances and dispute stem fromunclear warranty terms. Online shopping complaints have increased many folds
outnumbering complaints from conventional (brick and mortar) retailers since 2013.
Automobile, automobile repairs, fitness centres, spas and household furniture andappliances are the ones with most number of complaints related to warranties andguarantees. Potential loss to consumers amounts to millions of Ringgit Malaysia.

Problems with warranties in relation to goods or services online or acrossjurisdictions
Many of the comments made in a COPOLCO survey related more to general trading
difficulties that consumers experience.
Examples of the problems detailed by ISO/COPOLCO/DEVCO respondents included:Unable to locate the seller;
Difficulties with enforcing the terms of the warranty;

2

ANNEX 1 to COPOLCO 11/2011
Page 3Long (many pages) terms and conditions within which are restrictions to
the warranty;
Language;
Online purchasing is more open to fraud and swindling.

Examples of the problems detailed by CI respondents included:


Language;
Importation of products that come with no warranty;
Some businesses are fraudulent; it is difficult for customers to know which vendors
are legitimate.

Online shopping
Some of the best deals on products sold online may come with a hidden cost: theirwarranties may not be valid in country where the purchaser resides. Even if the products arebrand new and genuine the manufacturer’s service guarantees may not apply if it was
brought in on the grey market from outside of the country where the purchaser resides.
Some people and companies selling discounted products on line are bringing products fromother countries which carry warranties that only apply in the original country.
Consumers then get bounced from manufacturer to retailer to brand owners and often get
frustrated – and in this case do not return to the site.
Regulators are also finding it increasingly difficult to protect consumers online especiallywhen companies are located elsewhere.
Need for International Standard/Guidance
Examples of the comments made in support of the responses to a question regarding
demand for an international standard or guidance of some kind by ISO/COPOLCO/DEVCO
respondents include:







It would be helpful when revising relevant laws;
Various aspects of warranties depend on the whims of individual companies,
international guidance would help to set benchmarks;
It would improve consumer protection and prevent damage to consumer rights;
It would be helpful and would assist relevant Government departments who areable to regulate in relation to warranties;
Guidance on warranties requirements could assist when standards are developed;
It could assist in advocating for change in legislation'

Examples of the comments made in support of the responses to a question regarding
demand for an international standard or guidance of some kind by CI respondents include:An international code would reinforce laws and regulations and could add a crossborder dimension to this aspect of legal instruments;
It would provide a framework on which national standards can be based;
International standard or guidance could help deal with claims, especially forimported goods.

Page 3 of 5

ANNEX 1 to COPOLCO 11/2011
Page 4
The results of the survey showed that in many jurisdictions there are laws designed toregulate customer warranties offered on a voluntary basis. Respondents have supplied a
wealth of information about the laws existing in their own countries which will be particularly
valuable in taking this work forward. Many of those responding countries where there are nosuch laws claim there are some other measures available: specific laws or regulations fordefective products; national voluntary agreements or codes; sector or company agreements,
codes or other provisions.
Despite this range of tools available, a total of 33 respondents from the
ISO/COPOLCO/DEVCO membership and the CI membership stated that there are problems
for consumers in this area. Respondents provided a large number of examples of the sorts
of problems that they are aware of in relation to goods and services sold, both within one
legal jurisdiction, and online or across jurisdictions. Many of the problems stated could behelped by an international standard or guidance, although there are others which result from
more general trading issues rather than problems related to warranties.
Twenty-five respondents (18 of the ISO/COPOLCO/DEVCO respondents and 7 of the CI
respondents) said that an international standard or guidance of some sort would be helpful intheir country; this is despite the existence of some relevant laws in many of these countries.
It is useful to note that most of those 18 NSBs which expressed a need for an international/standard or tool in this area were from developing countries. These responses were
supported by examples of the kinds of benefits that could be expected from such a tool.
These, and the detailed comments given in relation to other questions, have been invaluable
in deciding the detail of this new work item proposal.
Some of the comments related to problems with goods and services sold online may be ofvalue to any future ISO work dealing with consumers' needs in business to consumertransactions taking place through the Internet.
A guideline standard on warranties could provide a best practice guide to manufacturers/
retailers to follow thus providing them with a competitive advantage in the marketplace and,at the same time, give consumers some form of redress when things go wrong.
The economic importance of product warranties is to provide insurance against
unsatisfactory product performance. A product or service should meet a level of quality andperformance that would be reasonable to expect, given their price and description.
Traditionally, warranties provide less than full insurance by manufacturers against
unsatisfactory product performance and this serves as risk-sharing between consumers andproducers, particularly where no statutory warranties exist.
Manufacturers, for example, give implied warranties to retailers, who, in turn, give the same
warranties to consumers. In this way, all parties connected with the sale of a product are
given protection. In addition, manufacturers often give express warranties directly to
consumers as an incentive to buy their products. Warranties help to improve the quality of
products found in the marketplace. All warranties whether issued by retailers or producers
can never give less than the statutory legislation where these exist. In some countries they
are not allowed to be called warranties unless they go substantially beyond the statutory
laws.
Warranties must state exactly what is covered and what is not covered, the timeframe ofcoverage and what constitutes a breach of the terms. In addition warranties must state what
both the seller and consumer must do in the event that something goes wrong with the4ANNEX 1 to COPOLCO 11/2011
Page 5product. Terms and conditions and the small print in service agreements may also be
considered as statements of warranties.
Potential benefits
For consumers benefits will include: Some degree of comfort for redress if and when things go wrong; Confidence that the product that they are buying will be backed by the
producer/seller if the goods or services do not perform as expected;
 A common reference for designing clear and explicit warranties, operating
adequately to reduce product failure, reducing the extent to which consumers
share the risk.; Improvements to boost product quality; Giving retailers and consumers more confidence in the product.
For suppliers benefits will include:

a competitive advantage in that consumers will purchase goods that have a warranty
that conforms to an international standard;

For regulators, there will be benefits in allowing market mechanisms to work rather thanhaving to use expensive intervention mechanisms.

Page 5 of 5

Annex 2 to COPOLCO 11/2011 (Rev.)

DRAFT GUIDELINE STANDARD ON WARRANTIES[originally prepared by WG on Global Market Place under the ISO Consumer Policy Committee or
ISO COPOLCO. The content has been updated with content related to other countries and online
shopping]

Introduction
A warranty is a contractual promise by the seller [to a consumer] regarding the quality,
character, or suitability of the goods it has sold.
The economic importance of product warranties is to provide insurance against
unsatisfactory product performance. A product or service should meet a level of quality andperformance that would be reasonable to expect, given its price and description.
Traditionally, warranties provide less than full insurance by manufacturers against
unsatisfactory product performance and this serves as risk-sharing between consumers andproducers.
Manufacturers, for example, give warranties to retailers, who, in turn, give the same
warranties to consumers. In this way, all parties connected with the sale of a product are
given protection. In addition, manufacturers often give express warranties directly to
consumers as an incentive to buy their products. Warranties help to improve the quality of
products found in the marketplace.
Warranties must state exactly what is covered and what is not covered, the timeframe ofcoverage and what constitutes a breach of the terms. In addition warranties must state what
both the seller and consumer must do in the event that something went wrong with the
product. Terms and conditions and the small print in service agreements may also be
considered as statements of guarantee.

Scope
The standard is intended for use by producers or sellers of goods and services to offer bestpractices and requirements for effective warranties and guarantees when these are provided
with their goods and services..

Definitions
Statutory warranties
A promise, arising by operation of law, that something that is sold will meet stated legal
criteria such as merchantable and fit for the purpose for which it is sold.

Annex 2 to COPOLCO 11/2011 (Rev.)
Page 2
Voluntary warranties
An assurance by the seller of property that the goods or property are as represented or will
be as promised.
Extended warranties
An extended warranty, sometimes called a service agreement, a service contract, or amaintenance agreement, is a prolonged warranty offered to consumers.
Merchantable quality
Goods must meet a level of quality and performance that would be reasonable to expect,
given their price and description. They should also be free from defects that were notobvious at the time of purchase.
Other definitions to be added by drafting committee.

Characteristics of warranties
Businesses must be accountable for the impacts of their decisions and activities on
consumers and must always incorporate the interests of stakeholders [including consumers]
whilst being in compliance with applicable laws and adhering to international norms of
behaviour.
Warranties may insure both the consumer and manufacturer or seller from [un]known
defects but they may not exclude the latter from liability resulting from adverse effects ofdefective products on consumers. The nature and content of warranties should take into
consideration the following characteristics:
Infringement of statutory rights
A warranty should never restrict a consumer's statutory rights to redress, nor limit the
supplier's statutory liability.
Breach of warranty
A warranty should plainly outline what constitutes a breach of the terms. In addition
warranties must state what both the seller and consumer must do in the event thatsomething went wrong with the product.
Terms and conditions
The terms of a warranty must be simply and clearly written, conspicuously disclose allimportant provisions, and may be available for inspection at the point of sale before theproduct is purchased, whereby both the seller and consumer append their seal andsignature respectively as having accepted the conditions set therein.
Duration of warranty
The duration of the warranty must be clearly specified, and the starting date should be thedate of original purchase (not manufacture), except in the case of perishable products wherea sell-by/use-by date may be specified.

Annex 2 to COPOLCO 11/2011 (Rev.)
Page 3Pre-conditions for registration: Personal details, initial fees
A warranty should not require a consumer to register in order to secure coverage, nor should
the consumer be required to pay a fee (as opposed to an extended warranty whereregistration and fees may be applicable). However, it should indicate what evidence isneeded (e.g. invoice, receipt) as proof of ownership and date of purchase in the event of aclaim.
Language
The terms of the warranty must be written in the language of where the product is sold.
Explanation of terms
Consideration should be given on ways that the seller can explain terms e.g. to illiterate
consumers.
Recurrent defects
A product that falls into a cycle of warranty repair for the same defect must be fully replacedor refunded upon agreement with the consumer.
Claims and repair center
The warranty should indicate where and how the consumer should register any claim (e.g.
with the retailer, local agent or manufacturer) including contact information such as a phone
or website of the manufacturer.
Cost of repair
There should be no charge to the customer for processing a warranty claim, beyond the cost
incurred by the consumer in delivering a defective product to a local (i.e. in the consumer's
country) service point. Alternatively, the manufacturer could ship replacement parts toabsorb the cost of receiving defective items.
Exclusions
Conditions of warranty, such as permitting the use only of the manufacturer's own branded
consumables (e.g. paper, toner) are likely to be hotly debated, and are illegal in somecountries. Blanket exclusions are unreasonable, but it may be acceptable to allow
exclusions where it can be shown that the failure in question resulted directly from the use of
inappropriate or defective consumables, such as putting diesel into a petrol-driven vehicle.
Unconscionable disclaimers
Warranties must not contain unconscionable terms and conditions in which the only choicefor the consumer is between ‘adhering’ to the terms dictated by the seller, or not buying at all
and must be universally rendered unacceptable as they are in breach of both express andimplied warranties. Examples are clauses such as ‘goods are sold on as is basis’, ‘monies
paid are not refundable’ and ‘goods sold are not returnable’. If a consumer suffers frompersonal injury from using the product purchased, any warranty disclaimer pre-existingshould be automatically rendered unconscionable. Goods may be sold on an "as is" basis "where the seller is selling goods that are not in the normal course of their business.
Warranty certificate
Verbal warranties must be unacceptable and should be formalized by the issuance of a
printed and signed warranty certificate by the manufacturer or seller to the consumer inwhich there is a commitment that the products or goods shall perform satisfactorily andotherwise detail the terms and conditions of remedies in the event there should be a defectresulting from use of the product during the stipulated period of the warranty.
3Annex 2 to COPOLCO 11/2011 (Rev.)
Page 4

Categories of warranties
Product warranties
In all contracts for the sale of goods, consumers are protected by the inclusion of a numberof statutory conditions and statutory warranties. The statutory conditions usually require that:
1) Goods must be of merchantable quality – they must meet a level of quality andperformance that would be reasonable to expect, given their price and description.
They should also be free from defects that were not obvious at the time of purchase;2) Goods must be fit for their intended purpose – they should be suitable for any
particular purpose the buyer made known to the seller;3) The goods must match the description given to the consumer, or the sample shown;4) A consumer must receive clear title to the goods – that is, the seller must be entitled
to sell the goods.
Most of the laws in various cross-border jurisdictions contain common clauses of implied
warranties on merchantable quality of goods sold, their fitness for a particular purpose andgoods matching the description or sample given.
The common test for merchantability is whether the goods are fit for the ordinary purpose forwhich such goods are used.
For goods to be merchantable they must
1) Conform closely enough to the description in the contract without objection to othersin the trade;
2) Be fit for the ordinary purposes for which such goods are used;
3) Be adequately contained, packaged, and labelled as the agreement may require;4) Be of the same kind, quality, and quantity within each unit (case, package, carton);5) Conform to the promises or statements of fact made on the container or label, if any.
Since most laws on sale of goods refer to the fact that goods must be of merchantable
quality, the issue arises as to the nature of the parties to a contract for the sale of goods. In
some jurisdictions, higher standards are required from merchants than non-merchants.
Consumers, thus, tend to place more reliance on professional sellers and that professionals
are generally more knowledgeable and better able to protect themselves than nonprofessionals.
In this case, the professional sellers are merchants: business people who regularly deal in
the kinds of goods being sold, or purport to have some special knowledge about the goods,
or who employed an agent in the sale who fits either of the two descriptions. In this case, if a
consumer buys a used car from a used-car dealer, the dealer is a merchant for the purposesof his contract. But if he buys a refrigerator from a used-car dealer, the dealer is probably notconsidered to be a merchant for the purposes of that sale but will still be bound by the fitness
for purpose clause.

Annex 2 to COPOLCO 11/2011 (Rev.)
Page 5Service warranties
All contracts for the sale of services also contain a number of statutory warranties, which
require that:
1) Services must be of merchantable quality and must be carried out with due care andskill – they must meet a level of quality and performance that would be reasonable toexpect from an expert, given their price and description. They should also be freefrom consequent defects that were not existent prior to the service delivery;2) Fitness for Purpose- The service and any materials supplied in connection with theservice must be reasonably fit for the purpose for which the consumer made known
to the seller and for which they are supplied;3) The service delivered must match the description given by the consumer and thesolution prescribed by the service provider or expert.

5COPOLCO 17/2009 (Rev.)RESULTS OF THE QUESTIONNAIRE ON CUSTOMERGUARANTEES/WARRANTIES FROM NSBs

This questionnaire was distributed to members of the ISO Committee on consumer policy(ISO/COPOLCO), the ISO Committee on developing country matters (ISO/DEVCO), and to
Consumers International (CI). The questionnaire was also sent to ANEC (the voice of the European
Consumers in Standards) for information and coordination purposes. The first set of results below
are from the members of ISO/COPOLCO and ISO/DEVCO; all members belong to both
ISO/COPOLCO and ISO/DEVCO except as otherwise indicated.
Responses from CI members have been compiled separately. These are available for reporting
purposes and are also listed in country alphabetical order. They appear just below the ISO
members' responses.
Thirty-four (34) members responded to the survey: IRAM (Argentina), SARM (Rep. of Armenia),
BAS (Bosnia & Herzegovina)*, SCC (Canada), ICONTEC (Colombia), DS (Denmark), EOS (Egypt),
AFNOR (France), GSB (Ghana), BIS (India), BSN (Indonesia), ISIRI (Iran), SII (Israel), JISC
(Japan), JISM (Jordan), KAZMEMST (Kazakhstan), KATS (South Korea), KYRGYZST(Kyrgyzstan)*, LST (Lithuania), DGN (Mexico), NSI (Namibia), NEN (Netherlands), SN (Norway),
PSQCA (Pakistan), INDECOPI (Peru), ASRO (Romania), SPRING SG (Singapore), SABS (South
Africa), SNV (Switzerland), INNORPI (Tunisia), UNBS (Uganda), BSI (UK), ANSI (USA), and YSMO
(Yemen)*.
Thirteen (13) members from CI responded to the survey. They were:
Choice (Australia), "Anna" National Association of Consumers (Armenia), Ligue pour la défense duconsommateur au Bénin – LDCB (Bénin), National Consumer Service (Chile), Federation ofGerman Consumer Organizations (Germany), Consumers Association of India (India), National
Consumers League (Jamaica), Consumers Korea (Korea), DECOM – Consumers Protection
Association of Mozambique (Mozambique), Consumer NZ (New Zealand), Consumer Awareness
Organization (Nigeria), Association of Slovak Consumers (Slovakia), and Organisation de défense
du consommateur (Tunisia).
The results from ANEC had been circulated to COPOLCO/DEVCO and to CI members in advancein order to help them avoid multiple citations of EU laws affecting European country member states.
These results are available separately upon request.
Question 1a – Do you have laws or regulations in your country that regulate customer
guarantees/warranties offered voluntarily by traders, in addition to any consumers' legal
rights?
Yes, we have laws or regulations
No, we have no laws or regulations
We have voluntary agreements or codes

27 responses
4 responses
2 responses

Two respondents indicated "we have voluntary agreements or codes" in addition to "yes".
Question 1b – If your response to question 1a was "yes" to laws or regulations, pleasebriefly state what this covers and indicate what kind of consumer protection it offers (e.g.
transparency requirements, pre-contractual information, rules on the content of theguarantee or warranty): are both products and services included?

* Member of DEVCO only

Page 2
NSB
(country)

Response

IRAM(Argentina)

In cases of voluntary offers of warranties the consumer law protects consumers in thesense that all advertisement or information that is made by manufactures or sellers is
mandatory. In these cases the part of the law referred to warranties is applied in the same
way as for legal warranties.
The Consumer Law (Number 24240) covers a broad aspect about the warranty during thetransaction of a good or service. It assures different aspects about transparency, legal
period, information and requirements to be cover during the warranty. A brief mention of
the aspects that it covers are mentioned further.
The Law on Consumer Protection includes requirements: a) for and service quality,
safety, b) information about product (service), producer (provider), product (service)contents and guarantee, c) obligations of producer and service provider. The law includes
both products and services.
- General rules for guarantees- The product and goods are covered by the law.
The law and regulation are both products and services included. They cover precontractual information and rules on the content of the guarantee or warranty.
Yes all the above subjects are covered by law and both services and products areincluded.
This standard specifies the general requirements related to the form and content of thewritten warranty certificate presented to the purchaser by the seller or the service center
concerning the purchased product/commodity.
Rules of guarantee concern both products and services.
On the Statute No 8; 1999, and Decree of Trade and Industrial Ministry; No 547/MPP/
Kep/7/2002 regarding Consumer Protection- Transparence- Precontractual information- Rules on contents of the quarantee and warranty
The voluntary manuals and regulations of some companies that are based on the offers
by government & parliament, covers both products & services & include all the laws that
commonly should be considered by suppliers, such as: specifying duties and tasks ofsuppliers, service networks, etc…, also the rights of consumers and users, the methods ofconsumers protection, rules and content of the guarantee or warranty, etc…. It should be
noted that only some companies which have guidelines may remark some of the above
points.
Transparency requirements, pre-contractual info, content of the guaranty availability andlocation of service-stations. Refer to both products and services.
The Housing Quality Assurance Act; To enable an extension of warranty period for a
maximum of 20 years after the purchase of new residential housings.
“About protection of consumers’ rights” Law and the Civil Code of the Republic of
Kazakhstan.
Customer guarantees/warranties offered voluntarily by traders include: quality guarantee;
freedom of goods and services choosing; replacement of goods during 14 days since they
have been purchased in the case if you saved the check or another document proving thepayment.
A consumer is entitled to full information about the goods, goods and services choosing,
performance of traders/producers’ functions in an appropriate way according to a contract
and legislation.
The laws on consumer protection are including the Consumer Protection Act, the Product
Liability Act, Monopoly Regulation and Fair Trade Act, and the Quality Management and
Safety Control of Industrial Products Act. Both product and services are included, and theacts offer transparency requirements, pre-contractual information, and rules on thecontent of the guarantee or warranty.

SARM(Armenia)

BAS (Bosnia &Herzegovina)
ICONTEC(Colombia)
DS (Denmark)EOS (Egypt)

AFNOR (France)

BSN(Indonesia)

ISIRI (Iran)SII (Israel)
JISC (Japan)
KAZMEMST(Kazakhstan)

KATS (Korea)

Page 3KYRGYZST(Kyrgyzstan)

LST (Lithuania)

DGN (Mexico)

Yes we have the law of Kyrgyz Republic on "protection of consumer rights N90 from
10.12.1997 and the law The basis of technical regulation N67 from 22.05.07
The law on protection of consumer rights regulates relations between consumers andproducers, performers, vendors in the sale of goods (works, services), establishes theright of consumers to purchase goods (services), good quality and safe for life and healthof consumers, to obtain information about goods (works, services) and manufacturing(executors, sellers), education, government and public protection of their interests, as wellas to determine the mechanism for the realization of these rights. The law protects society
from the establishment and development of monopolies in trade, but also promotes andsupports competition in the conditions that prohibit the illegal and discriminatory practices
by which fair and honest competition is reduced to zero or has obstacles.
The law on the basis of technical regulation in article n°5 "Technical Regulation shall betaken only for security purposes: to protect the lives and health of human beings: toprotect the environment, to protect the lives and health of animals and plants: to prevent
action, misleading consumers."
Civil Code of the Republic of Lithuania establishes the general obligations and rights ofthe seller and the buyer. The Article 6.338 established time limits for filing claims
regarding the defects of the sold things.
Law on Consumer Protection of the Republic of Lithuania established quality and safety
requirements for goods and services.
There is not a particular legislation or standard in Mexico to force suppliers or businesses
to offer a warranty in their goods or services. Nevertheless, the Federal Consumer
Protection Law (LFPC, by its initials in Spanish language) points out that every good orservice offered with a warranty shall be subject to the provisions of this Law and to thepacts between the suppliers and the consumer.
In this sense, suppliers who offer products with warranties should fulfil with the articles 77,
78, 79, 80, 81, 83, 84 of the LFPC:- The warranty policy shall be issued by the supplier in written, in clear and accurate
fashion, expressing, at least, its scope, duration, conditions, mechanisms to make it
effective, address to submit claims and premises or service shops.
- The warranties offered may not be less than the warranties determined by theapplicable provisions, nor stipulate conditions or limitations that diminish the rights
legally conferred upon the consumer.
- Producers shall insure and be accountable for the timely supply of spare parts, aswell as the repair services during the duration of the warranty,- The time that the repairs performed under the warranty may last, shall not be
estimated within the term of such warranty. When the good has been repaired, awarranty shall start regarding the replaced spare parts, and shall continue withrespect to the rest of the components thereof. If the good is replaced, the term of thewarranty shall be renewed.
Likewise, there are Official Mexican Standards (technical standards) for specific products(e.g. electrical household appliances and toys) that oblige suppliers of products andservices to display the minimum requirements in case they offer warranties.
A series of reforms regarding the LFPC came into force on 30th January 2009. These
reforms focus on the housing sector and are related to the articles 73 QUARTER and 73
QUINTUS:- Every real property regulated by the Law (LFPC) shall be offered to consumers withthe respective warranty, which should be at least for one year effective from the datewhen the good is delivered. This case applies when suppliers are developers,
constructors, promoters and other persons that take part in rendering advisory
services and sale of housing to the public to be used as dwelling places, or when the
consumer has been granted the right to use the real property through the timesharing
system.
- The time that the repairs performed under the warranty may last, shall not becalculated within the term of such warranty. When the good has been repaired thewarranty shall start regarding the replaced spare parts.
- In the case of consumers had used the warranty and, notwithstanding, the faults inthe product or service persist; suppliers have to repair them immediately. Also, whenPage 4

SN (Norway)these products and services have mild faults or defects, suppliers will provide a
refund of five (5) per cent over the value of the repair. On the other hand, if the
product has seriousness faults or defects (that affect the frame or facilities of the real
property) the provider shall refund 20 per cent of the amount indicated in the contract
as price of the good.
- In the case of the above mentioned warranty and if refunds are exercised andsuppliers have not corrected the seriousness defects and faults, consumers may
choose any of the following actions:o To request the replacement of the real property, in which case the suppliershall pay all the expenses related; oro To request the cancellation of the contract, in which case the supplier shall bebound to refund the price paid and, if applicable, the interest set out in theLaw (average cost of funds that the Central Bank of Mexico establishes).
As mentioned above, the Chapter IX of the Federal Consumer Protection Law (LFPC)
establishes the minimum requirements that supplier shall fulfil when a warranty is offered
to consumer regarding the good, product or service hired.
The Official Mexican Standards (NOM by its initials in Spanish language), regarding tradepractices, point out the LFPC as the Law that regulate warranty matters.
Guarantee regulations in Norway is stated in the Marketing Act.
Excerpt from the Norwegian Marketing Act 2009-01-09- Chapter 1 General provisions, §5 Definitions
guarantee: any liabilities undertaken by the tradesperson towards the consumer regarding
trade of goods, services or other performances giving the consumer rights in addition to
his/her other rights.
- Chapter 5 Control of terms of agreement, § 23. Requirements for consumer relations
guarantee terms
If a guarantee is provided, the following guarantee terms shall be communicated in a clear
and plain manner:a) the content of the guarantee, including any limitations and particular terms,b) that the consumer’s rights according to applicable and specified legislation arecomplementary to the guarantee, and that these rights will not be affected by theguarantee,c) what is required in order to use the guarantee, including the duration of theguarantee, its geographical field of application, and the name and address of theguarantor,d) maximum time limit for complaints according to applicable and specified legislation, if
it exceeds the duration of the guarantee period,e) that if the guarantee is limited, e.g. if it only applies to a particular part of theperformance, or if only parts of the repair costs will be covered by the guarantee, it is still
possible to make complaints about the performance as a whole according to applicableand specified legislation.

PSQCA(Pakistan)

Where the marketing prior to entering into a contract is directed at Norwegian consumers,
the guarantee terms shall be formulated in Norwegian.
Prior to entering into a contract the guarantor shall inform the consumer of the guarantee
and that the consumer is entitled to an issue of the guarantee terms. When requested by
the consumer, he or she shall be provided with the guarantee terms in a format that isreadable and stored on paper or another permanent medium controlled by the consumer.
The Punjab Consumer Protection Act 2005
Liability arising from defective products:- Liability for defective products- Defective in construction or composition- Defective in design- Defective because of inadequate warning- Defective because of non-conformity to express warranty- Proof of manufacture's knowledge- Restriction on grant of damages- Duty of disclosure- Prohibition on exclusions from liability

Page 5

INDECOPI(Peru)

ASRO(Romania)
SABS (South
Africa)SNV(Switzerland)

Liability arising out of defective and faculty service:- Liability for faulty or defective service- Standard of provision of service- Restriction on grant of damages- Duty of disclosure- Prohibition on exclusions from liability
Obligations of manufactures
Unfair practices
The power of the authority
Consumer protection council
Disposal protection council
Disposal of claims and establishment of consumer courts:- Filing of claims- Settlement of claims- Penalties- Appeal- Finality of order- Dismissal of frivolous or vexatious claims.
Regarding guarantees/warrantees offered voluntarily by traders, this issue iscontemplated in the Article 8° of the Protection to the Consumer Law, which establishes
responsibility to the supplier by the suitability of the products that are available in themarket, as follows:
Article 8° "The suppliers are responsible, besides, by the suitability and quality of the
products and services; by the authenticity of the marks and legends that exhibit the
products; by the truth of the commercial publicity of the products; and by the content andthe useful life of the product indicated in the container, in which it corresponds."
According to the area of application of the norm, the protection to the consumer is offeredto the products and the services that are in the market.
Thus, our system considers the existence of an implied warranty, like the obligation of the
supplier to respond for good or service in case it did not turn out to be suitable to satisfy
the expectations of the consumers.
The implied guarantee does not imply that the supplier should respond when the productdoes not offer the best possible quality and is observed in the obligation that the suppliers
respond when good or service are not suitable and foreseeable uses for what normallyare acquired or hire in the market, considering the conditions of the market, such asplace, information given at the moment of the acquisition, existing publicity, presentationof the product, or the terms and conditions offered, among others. Because those cangenerate different expectations in a reasonable consumer, and therefore, they should betaken into account to define the reach of the implied guarantee, for example they candetermine the reasonable most minimum time of duration of the product.
On the other hand, the explicit guarantee exists, which refers to the terms and conditions
explicitly offered by the supplier, that being acquaintances or knowable by the reasonableconsumer utilizing their ordinary diligence exclude the implied guarantee. This can beabove-mentioned to the limitation of the obligations to the ones that is subject the supplierthat markets a well or offers a suitable service, whenever report to the consumer that sells
good or gives the service in different conditions from the ones that would derive from theimplied guarantee.
The explicit guarantee generally is found content in the documents, containers, bills,
receipts, contracts or other instruments through which informs the consumer, this should
be informed to the consumer or would not exclude to the implicit guarantee.
Law 449/2003 (reissued on 2008), regarding selling and associated guarantee for
products which harmonize the provisions of Directive 1999/44/CE of European Parliamentand Council on 25 May 1999 – refers to the content of the guarantee.
The new Consumer Protection Bill provides for comprehensive customer protection tocustomer recourse for products, services, contract, etc.
Swiss Code of Obligations (CO, SR 220, Art. 197ff)

http://www.admin.ch/ch/d/sr/c220.html- Products- Regulates the duration of warranties (Art. 210 CO).
- Validity of warranties (Art. 199 CO)

Page 6INNORPI(Tunisia)
UNBS (Uganda)
BSI (UK)ANSI (USA)YSMO (Yemen)- Consumer rights (Art. 205ff CO)- The legal warranty can be modified, extended or excluded through contracts under
private law (general terms and conditions)
All products and services that are subject to transactions on the local market and inparticular household appliances, electronic products, mobile phones and cars (forproducts), and car repair dry cleaning and repair of mobile phones (for services).
Sale of Goods Act Cap 82 covers sale of goods including matters related to warranties,
contents of contract. The scope of the law excludes services.
The EU directive and consultations referred to in the ANEC/BEUC response are relevantto the UK as a Member State. Therefore the manufacturer’s warranty is deemed part ofthe consumer’s contract by virtue of the EU Consumer Sales and Associated Guarantees
Directive.
Generally speaking, U.S. law does not require sellers to offer warranties beyond thosethat are implied by state law in consumer contracts (i.e., the implied warranties ofmerchantability and fitness for a particular purpose). However, if a seller chooses to offer
such a warranty, it must comply with federal warranty laws and regulations. These laws
and regulations try to ensure that the terms of warranties are clear and available toconsumers, and that consumers can obtain and keep copies of warranties so that theyknow what to do should they need to enforce it.
Therefore, if a seller chooses to offer a warranty, the Federal Trade Commission favours
the clarity and availability of warranty terms so that consumers may compare and choose
among products in the marketplace. Moreover, the Commission favours the consumer’sability to obtain and retain copies of warranties so that they may know what to do should
the need arise to activate the terms of a warranty.
Title I of the Magnuson Moss Warranty-Federal Trade Commission Improvements Act (15U.S.C. §§ 2301-2312) authorizes the Commission to develop regulations for written andimplied warranties. The Act directs the Commission to establish disclosure anddesignation standards for written warranties, specifies standards for full warranties, andestablishes consumer remedies for breach of warranty or service contract obligations.
You may find the Commission’s Rules, Regulations, Statements and Interpretations
Under the Magnuson-Moss Warranty Act (16 CFR 700-703) at
http://ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv1_02.tpl.
The Commission has published a Businessperson’s Guide to Federal Warranty Law,
which provides a good summary of federal warranty requirements and can be found at
http://www.ftc.gov/bcp/edu/pubs/business/adv/bus01.shtm. Another useful resource isthe business guidance piece entitled Writing Readable Warranties(http://www.ftc.gov/bcp/edu/pubs/business/adv/bus20.shtm).
We have law for Consumer Protection (Law n°46/2008) which contents the Consumers'
rights (transparency compensations knowledge).

Question 2a – If there are no specific laws or regulations applicable to customer
guarantees/warranties, are consumer's purchases protected by any of the following?
Laws or regulations for defective products/ services not mentioned in 1b
6 responses
Countries responding were: Ghana, India, Iran, Namibia, Romania, UK
National voluntary agreements or codes
2 responses
Countries responding were: Romania and UK
Sector or company agreements or codes
5 responses
Countries responding were: Canada, Iran, Japan, Romania, UK
Other provisions or conventions
2 responses
Countries responding were: Kazakhstan and UK
None of the above
7 responses
Countries responding were: Colombia, Jordan, Kyrgyzstan, Netherlands, Pakistan, Peru, Singapore

Page 7

Question 2b – If your response was positive to any of the options in question 2a, please
describe briefly:
NSB(country)

Response

GSB (Ghana)-

BIS (India)
BSN(Indonesia)
ISIRI (Iran)

JISC (Japan)
KAZMEMST(Kazakhstan)
ASRO(Romania)

BSI (UK)

Sale of Goods Act, 1962 (Act 137) – S13 of the Act provides that there is an implied
condition that goods are free from defects which are not declared or known to the buyers
at the time a contract is made.
- Hire Purchase Decree, 1972 (NRCD 292) – It provides that the owner of goods that areunder a hire-purchase agreement should ensure that the goods are of merchantable
quality and free from undeclared defects.
Proviso under section 12 of the Consumer Protection Act, 1986.
All have been done but in a very limited level.
The laws and regulations of the governmental sources has specified the required quality ofthe products and services and in some cases that guarantee and warrantee is notapplicable, some traders apply their own guidelines in order to access the competitivemarket.
Some codes of local governments or voluntary industry standards provide the items to be
specified in the warranties when it is issued by the manufacturer or supplier.
In case of a situation where it is not regulated by legislative acts, the solution can be foundby signing an agreement or a contract between the parties.
- Government decision n° 1219/2006 on measures and application of common rules
regarding compensations and assistance on passengers in case of reject boarding ordelay and cancellation of flights.
- Government decision n° 1305/2007 on designation of national authorities in charge withmarket surveillance.
- Consumers’ statutory rights against the seller- Sale of goods law agreed through OFT with arbitration- Trade association codes- Normal trade practice rules

Question 3a – Are you aware of consumer problems in relation to guarantees / warranties?
Yes: 22 responses

no: 6 responses

not sure: 3 responses

Question 3b – If your response was "yes" to question 3a please describe some examples ofproblems in relation to:- Goods or services sold within one legal jurisdiction:
NSB (country)

Response

IRAM Argentina)

Some supermarkets offer as an extra warranty the possibility to change the product foranother one if after the delivery, and during the next three days, the product fails and theconsumers are not satisfied with it.
This is not an obligation of the seller. After the three days the consumer has to ask to thebrand official service for the repair to maintain the warranty.
This is a problem for consumers because the service does not always have a goodmanagement, and does not always have the spares to repair (even the law include these
aspects).
Warranty transfer from US to Canada is inconsistent.
There is often a problem concerning what is covered and what is not covered especially forsuch things as extended warranties on consumer goods.
Some companies state in their warranty certificates that the warranty's period starts as of

SCC (Canada)

EOS (Egypt)

Page 8AFNOR (France)
BIS (India)
BSN (Indonesia)
ISIRI (Iran)SII (Israel)
JISM (Jordan)

KAZMEMST(Kazakhstan)
KATS (Korea)
LST (Lithuania)
DGN (Mexico)

NSI (Namibia)
INDECOPI(Peru)

the production date of the purchasing date which result in the misleading and deceit of theconsumers in respect of the warranty's information. In this respect, the Egyptian standard"General Requirements for Warranties" provide a solution to this problem by stating that
"The duration of the warranty certificate starts as of the purchasing date or the operating
date as fixed by the producer or his agent.
The long duration declared in the preamble of the warranty certificate, which may bementioned for 7 years, may result in the misleading of the consumer in respect of thewritten duration as in fact each part of the product has its own warranty period. In thisregard, the Egyptian standard " General Requirements for Warranties" states that (in case adefinite duration has been declared in the preamble of the warranty certificate, the warranty
will cover the product/commodity together with all its components during such duration).
There were no obligations or laws that protect the consumer from the problems ofconsecutive breakdowns. In this connection, the Egyptian standard "General Requirements
for Warranties" stipulates that (if the interruptions affecting the function quality of the
product/commodity took place more than two consecutive times during the first year of thewarranty duration, which ever is less, it should be replaced by a perfect alternative free ofcharge.)Consumers may have difficulties with e-trade, especially in case of transborder.
See attachment.
The understanding for Indonesian Consumers about the Manual and warranty in English is
not adequate. Therefore it must be written in Bahasa Indonesia particularly for electronic
product, food and drugs.
- No active representation or agency of after sale services- No supply of the needed spare parts, shortchange, cheats in sale and offering low quality
or non-standard goods or services.
- No substitute of damaged, defected or low quality goods or services- Inactivity and bankruptcy of some companies and damage of after sale services.
- No transparency and support of the warranted services and required quality.
- Avoidance of disclosure of guarantee terms before signing the contract- Avoidance of the supplier's guarantee with the product- Voluntary only guarantee in case of some products.
- Goods are faulty at the time of sale
- Repair or replacement of goods that are not of satisfactory quality may take a reasonable
time and cause significant inconvenience to the consumer- The reduction in the goods prices because of a fault that is neither brought to the attentionof the consumer, nor the seller allow the consumer to examine the goods
1. Selling of poor-quality goods and services
2. Condominium
3. Share building
The one legal jurisdiction is properly applicable to goods or services. All the laws areapplied to the entire area of Korea.
Different EU member states have got different consumers security level regarding theirrights in case of defective product.
- Denial from business for consumer in order to exercise the warranty,- Manufacture defects,- Denial from business to return, refund or change of the good or service,- The warranty offered does not fulfil the requirements according to the law (LFPC),- Denial from business to the payment of additional costs incurred by consumers.
Often the consumer is settled with a defective product which is obviously not fit for purpose
yet, only recourse is the capricious whim of the common law.
The main problems that consumers are confronted with are the following:a) Refusal of the supplier to execute the guarantee of the product.
b) The terms of the guarantee are not clear and they cause confusion respect of its scope
and application.
c) Difficulties of the consumers to accredit that the defects of deficiencies in the product orservice are attributable to the supplier.
d) Not provide information about the state in which the goods enter to the technical services
and the results after their revision.
e) Suppliers do not offer any profitable solutions for the consumers and less costly for theirPage 9ASRO
(Romania)
SPRING SG(Singapore)
SNV(Switzerland)
INNORPI(Tunisia)
UNBS (Uganda)

BSI (UK)ANSI (USA)business, because there not any laws or standards regulating the guarantees.
Too much time required for providing service (delays in maintenance providing), contractual
terms in financial services, etc.
- Defective goods being sold.
- Terms and conditions in the warranty card. For example, some have clauses that limit thecost of repairs to the price of the item.
- Consumers’ unawareness of the rules due to coexistence of legal systems and selfregulation- Rules according to self-regulation are difficult to understand for consumers and often
disadvantageous for them.
Among the products at issue should be mentioned in particular mobile phones, computer,electrical and electronic items.
1. Claims related to the warranties are rather difficult to follow up as they are not honoured;
2. Conditions of the warranty are not normally clear especially exemptions within thecontracts are not clearly stated and explained to the consumer especially when it comes toelectronic items, laundry services, etc.
3. Some warranties are fake and bogus intended to attract consumers to buy but nothonoured.
Seller attempting to avoid his legal obligations by passing them to manufacturer
under warranty.
See note below- Goods or services sold online or across jurisdictions:
NSB (country)

Response

IRAM Argentina)

In these cases the problem appears when after a problem there are problems with thejurisdiction where the claim has to be made and in some other cases (abroad or Internet
purchases)
No enforcement on online service warranties.
It is difficult to protect the consumer using the internet in his transactions as thisfacilitates the process of deception and swindling. In this respect, we appeal to apply aninternational law to restrain such processes.
- enforcement- language
See attachment.
The statute for the above matters just recently launched in 2008. It still needs to be
informed to public.
- In some cases no access to the seller- No transparency and practical support of the services and guaranteed quality- No security in payments.
Foreign languages of the guarantee. Different rules in different countries. Two different
guarantee certificates for one imported product.
1. Delivery of goods which do not meet the order;
2. In the case of unauthorized sale ("street sale") the product is sold, but the trader
remains identified.
Korea has one legal jurisdiction, which is applicable to all the country equally.
- Courier service’s payment- Taxes,- Warranty not offered,- The supplier’s domicile does not exist,- Denial to refunds, returns or change of the good or service.
The main problem for the consumers is when it is not possible to locate or identify the
supplier online or if located outside of the national territory; in these cases the regulationof our country can not be applied.
- Rules according to self-regulation difficult to understand for consumers (c.f. absenceof translation or bad translation)- Unawareness of the rules by consumers due to different legal systems (e.g. in
Switzerland and in the European Union).

SCC (Canada)
EOS (Egypt)

DIN (Germany)BIS (India)
BSN (Indonesia)
ISIRI (Iran)SII (Israel)
KAZMEMST(Kazakhstan)
KATS (Korea)
DGN (Mexico)

INDECOPI(Peru)
SNV(Switzerland)Page 10
UNBS (Uganda)
BSI (UK)

These are normally difficult to enforce and what is advertised is different from what isdelivered.
- Some difficulties with cross border communication- Repair option not easy
- Some concern expressed about the very lengthy "Terms and Conditions" which include
guarantee limitations, which you are obliged to "tick box to agree" before you canpurchase many products and services via the internet - examples being flight tickets,
software, etc. These are often several pages long, need to be specificallydownloaded, and even then it is difficult to find the information you might need. Thisissue grows in tandem with the growth in internet shopping.
It seems that, in the UK, Financial Services legislation now requires the inclusion of abold "Key Facts" box into which the most important information is required. This enables
easier comparisons or highlights undesirable aspects which you may need to know.

ANSI (USA)Consequently, and more research would be necessary, an extension of this "Key Facts"
initiative is worth exploring for possible inclusion if an International Standard or guidanceis developed. This might then be effective across jurisdictions.
See note below

Question 4a – Would an international standard or guidance document be helpful in yourcountry?
Yes: 18 responses

no: 8 responses

possibly: 6 responses (See column 2 in the table below)
Question 4b – If you answered yes to 4a, please explain your answer.
NSB(country)

4aResponse

IRAM
Argentina)

Yes

SARM
(Armenia)
BAS (Bosnia &Herzegovina)
SCC (Canada)
ICONTEC(Colombia)

Yes

Even if our law is good enough for warranties issues, an international standard could
be useful in the sense of having a baseline that gives consumers a reasonableconfidence when it is buying goods or considering any service.
It will be more important if this international standard could give a solution to thosepurchases that are done out of the own country of the consumer or by Internet.
Aspects that are not covered by law and are important for consumers in these cases
are about: information, transparency, procedures, and ways to use the warranties in
an appropriate manner, also legal jurisdiction.
As some laws on product quality and safety are being revised, it will be helpful.

YesP

DS (Denmark)EOS (Egypt)

No
Yes

AFNOR
(France)
GSB (Ghana)
BIS (India)

P
Yes
Yes

It would not be any dilemma; on the international level we would have the same ruleson the content of guarantee, guarantee's language, period…
It would give advocates the basis for making national demands for compliance.
Guidance could be helpful as general guide for international trade and someparticular cases. However, Colombia is only interested in an international guidance
and not in standard because Colombia and many countries have regulations in this
topic.
The international standard or guidance document will cease the problem of deceiving
and misguiding the consumer. Moreover, it will help unify the warranty certificate
globally whether in its form or content.

The existing laws are not adequate to cover situations where a warranty is granted.
The nature, extent, duration, coverage or exclusion to warranties is based on whims
and fancies of individual companies. An international guidance document will help toPage 11

BSN
(Indonesia)
ISIRI (Iran)Yes

SII (Israel)

Yes

JISC (Japan)
JISM (Jordan)No
Yes

KAZMEMST(Kazakhstan)
KATS (Korea)

Yes

Yes

Yes

KYRGYZST(Kyrgyzstan)
DGN (Mexico)P

NSI (Namibia)

Yes

NEN
(Netherlands)
SN (Norway)
PSQCA(Pakistan)
INDECOPI(Peru)No

ASRO(Romania)
SPRING SG(Singapore)set benchmarks. Please see the common problems faced by Indian consumers. The
lists C and D attached have been prepared from a pool of 50'000 complaints received
at our associated national Consumer Helpline.
An IS or guidance document would help as references for transaction of goods andservices.
To prevent damage of consumers' rights and to improve the consumer protection as
the culture in guarantee and warrantee, considering the development of services inall aspects of economy and ICT, the need for global & international guidelines andstandards seems necessary. On the other hand, having such standards for allcompanies and suppliers in all areas (traditional, virtual and electronic) is necessary
and these standards will lead to improvement and economic development and toprovide the field of using and sampling from the other countries' abilities.
Enlarging the range of service station world wide
- Will enlarge the range of products that will need guarantee- Will create international pressure atmosphere that will encourage the use ofguarantee.
- Unification of guarantee rules.
The issuance of an international guideline related to the consumer
guarantees/warranties will be helpful in our country where the governmental bodies in
Jordan such as Ministry of Industry and Trade can regulate customer
guarantees/warranties offered voluntarily by manufacturers and traders by referring tosuch guideline within the related sales act. Additionally, JISM would participate instudying the draft documents and adopt it at the national level after its publication byISO.
In the case of rendering of dispute resolution in favor of trader/producer in ourcountry, a consumer has an opportunity to appeal in the international court.
The international standards and guidance are used in making national standards(Korean Standards, KS) and the regulations concerning goods or services. In
addition, these standards and guidance are very useful when we cooperate and tradewith other countries.

No
Profeco deems important to bring into line the warranty’s requirements when
standards are elaborated, in order to harmonize its fulfilment with international
standards. This fact could make easier its fulfilment and have access to markets.
An international standard may form a good basis for a new law on consumer
protection and guarantees on consumer products.

No
P
No

The existence of a standard that permits the establishment of minimum
characteristics of guarantees, offered by those suppliers, would allow to theadministrative authority, in matters of consumer protection, have a certain pattern,which will be the basis for determining in an objective way if the performance of the
trader was appropriate.
Besides, this would permit those products with its corresponding certification, provide
a value added, which would benefit the participation suppliers in the market.
Finally, if formal suppliers take an international standard or guidance, and a campaign
exists to promote those practices in the market, also consumers will benefit with
better products. This situation could decrease the sales of the informal suppliers.

Yes

The necessity relays on the fact that is an obvious advantage to have the same rules
worldwide.
It will definitely help us to advocate for a change in the current legislation.

Yes

Page 12SABS (South
Africa)SNV(Switzerland)
INNORPI(Tunisia)
UNBS(Uganda)BSI (UK)ANSI (USA)YSMO(Yemen)Yes

There will be consistency in the products and services.

P

Cf. problems identified in 3b

Yes

Being able to have international standards (6500) or guarantee guides for certain
products could facilitate resolving conflicts, especially for imported products.
The standard will form a framework to start addressing the challenges of warranties;
It will also assist in clarifying those areas of the law that may seem to be broad.
See UK government websites e.g. BERR & DEFRA.

Yes
No
No
P

Comments from ANSI (USA):
Government Stakeholder
We question whether such a standard would encroach into the business transactions between a buyer and aseller.
We have considered the Egyptian proposal presented as an example and there is concern that the Egyptian
standard may not be a good model to advance within COPOLCO.
As always, there are challenges in developing a standard that applies to all products. Even though this effort
is focused on consumer products, there is a wide variety of products that fall in this category. In the Egyptian
standard, there are several references to repair and replacement of the product that may not make sense if
you are talking about a hair dryer versus clothes dryer.
Also, the standard places burdens on the producer in terms of covering the cost of transportation of the
product for service and replacement that cannot be applied universally to all consumer products. For
example: in clause 2. “. . . Without the purchaser pays any costs due to these works” as well as the language
in clauses 3.7, 3.12 and 3.16.
Consumer stakeholder
In general, I think a standard for guarantees/warranties is important.
I believe in the US we use the term Warranty so I think the term used should be clarified or consistent.
Regarding clause 3-5 of the Egyptian standard, does this only apply to a certain category of product? If thisrequires that the seller sign every warranty certificate, I think this would be unrealistic in that many products
are purchased off the shelf in stores like Walmart.
Some warranties have mail in registration cards. Is that the follow-up card mentioned in clause 4-6 and is thisrequired for the guarantee to be effective?
Industry stakeholder
Given the significant differences in cultures, it is not clear to me that we could produce something that wasworthwhile beyond, perhaps, a terminology standard. The attached sample from Egypt would be in myopinion unacceptable in the U.S. because it tries to be very prescriptive. See, for example, clause 3-1.
Industry stakeholder
Given the short time available to review this issue, we have not been able to come up with fully coordinated,detailed comments among our association of 14,000 manufacturers across the United States. However, I

Page 13
would describe the general attitude of our members exporting consumer products from the United States asvery skeptical of the value of an International standard on guarantees and warrantees. We note that theEgyptian paper speaks of a need only in developing countries. We would not want to see an IS which
undercut the current practices on guarantees and warrantees in the U.S. and other key markets.
Industry stakeholder
Regarding the Egyptian standard . . .
Clause 2. The guarantee certificate should have limitations on time, type of use or abuse, and considerationof total cost of replacement. The points made in the comments section should be consider and included inthis section to expand and clarify the scope of a guarantee certificate.
Clause 3.1. The certificate should not cover the objective for which the objects are purchased, but cover theobjective for which the object is designed to do. Change this clause to read: the objective for which they aredesigned.
Clause 3.6. Determining when the operation of a product begins is difficult to establish. Delete all after“purchasing” (Change that word to “purchase”).
Clause 3.7. Sending a replacement item places burdens on both the builder and return of the item on thepurchaser. This is too large a burden for both. Delete the last sentence.
Clause 3.10. This item should not cover a product wearing out from general usage. Add: or general usage.
Clause 3.14. Advertising in newspapers and on television is impractical. Delete all after “periodically”.
Clause 3.16. This clause does not take into account general usage and should be deleted.
As a general comment, Directives 1999/44/EC and 2001/95/EC already cover the tenets of this proposal andhave been in place for almost 10 years. To avoid conflicts with already establish Directives in consumer
goods and general product safety, this proposal should be rejected in toto.

Question 5 – Are you able to supply copies (in English) of relevant regulation, laws,
guidance, standards or similar document, either with your response or separately?
If yes, please list what you can send below:
NSB (country)

Response

DS (Denmark)The Danish Sale of Goods Act and the Danish Marketing Practices Act are available
upon request.
The Egyptian Standard "General requirements for warranties".
Index of French reglementation on the subject available upon request.
Sale of Goods Act, 1962 (Act 137) and Hire Purchase Decree, 1972 (NRCD 292)
The law that covers warranties is inside the Consumers protection Act 1986 copy ofwhich can be accessed on the web.
Only some documents.
Civil Code of the Republic of Lithuania
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=245495

EOS (Egypt)
AFNOR (France)
GSB (Ghana)
BIS (India)
BSN (Indonesia)
LST (Lithuania)

DGN (Mexico)

SN (Norway)

Law on Consumer Protection of the Republic of Lithuania
http://www3.lrs.lt/pls/inter3/dokpaieska.susije_l?p_id=291519&p_rys_id=14
You can consult the English version of the Federal Consumer Protection Law in thefollowing link:
http://www.profeco.gob.mx/juridico/pdf/l_lfpc_06062006_ingles.pdf
See question 1b where an excerpt of the Norwegian Marketing Act regarding guarantees

Page 14

NEN (Netherlands)

PSQCA(Pakistan)
SPRING SG(Singapore)
UNBS (Uganda)
BSI (UK)is copied.
European Directive 1999/44/EG
The Punjab Consumer Protection Act-2005 is available upon request.
Consumer Protection (Fair Trading) Act.
Sale of goods act.
Sales of Goods Act, Cap 82 (available upon request).
See the link given in the ANEC/BEUC response.

If no, please outline briefly the scope of such laws, regulation, guidance, and/or standards, if
possible, below:
NSB (country)

Response

IRAM Argentina)

Consumer Law, number 24240:
The consumer and subsequent purchasers will have legal guarantee for defects or vices ofany kind valid for three (3) months or six (6) months depending of the characteristics of thegood in other cases after delivery, the parties can agree a longer period. Manufacturers,
importers and sellers should ensure an adequate service and supply parts and spares andthey are jointly responsible for granting and enforcing the legal guarantee. The guarantee
certificate shall be in written language, with easy to understand language in terms, andinclude at least:a) The identification of the seller, manufacturer, importer or distributor;b) The identification of the thing with the technical specifications necessary for proper
identification;c) The terms of use, installation and maintenance necessary for its operation;d) The conditions of validity of the warranty period and its extension;e) The terms of repairing the thing with specification of the location will be effective.
When the thing had been repaired under the terms of a legal guarantee, the guarantor is
obligated to deliver to consumers a repair record showing:a) The nature of repair;b) parts replaced or repaired;c) The date on which the consumer him with the thing;d) The date of return of the thing for consumers.
The time during which the consumer is deprived of the use of the property for any cause
related to repair, must be factored as an extension of the period of guarantee.
In cases where repair is not successfully completed, consumers can:a) To request the replacement of the thing acquired by another of identical characteristics.
In this case, the period of guarantee is calculated from the date of delivery of the newthing;b) return the thing in the state that is in exchange for receiving the amount equivalent tothe amounts paid under the current price of the thing in place, when the amount paid or
proportion, if any payments made;c) Get off a proportion of the price. In all cases, the option for the consumer does notclaim any damages that may correspond.
SERVICES Service providers of all kinds are bound by the terms, timing, conditions,reservations and other circumstances, under which they were offered, advertised oragreed. In service contracts which seek to make the repair, maintenance, upgrading,cleaning or any other similar means implied the obligation of the service provider employ
new materials or products or appropriate to the thing in question, unless otherwise agreed
in writing. The provider must issue a budget that contains at least the following information:a) Name, address and other identifying information of the service provider;b) The description of work to do;c) A detailed description of the materials used.
d) The prices and labor;e) The time when work is done;f) Whether or not granted warranty and where the scope and duration;g) The period for acceptance of the budget;Page 15

SARM
(Armenia)

BAS (Bosnia &Herzegovina)

BIS (India)

BSN (Indonesia)
ISIRI (Iran)SII (Israel)

JISC (Japan)h) The registration number in the Revenue and in the system.
The guarantee on a contract of service shall be documented in writing to the effect:a) Proper identification of the work;b) The duration of the guarantee, the date of beginning of that period and the conditions ofvalidity;c) Proper identification of the person, company or organization.
The law on Consumer Protection regulates relations between consumer and producer(provider/seller), defines the rights of consumers to get: 1. Decent quality product (service)
which will not be dangerous for consumer life and health 2. Information about product(service) and its producer (provider): It also defines the state and public protection rights ofconsumer interests, and the mechanisms to gain it.
Articles 25, 26, and 27 of the law: Product or service guarantee
Article 25
The vendor is responsible for defects goods that exist at the time of transfer risk toconsumer, regardless whether he is aware of this fact in accordance with legal provisions
which regulate the obligations in Bosnia and Herzegovina.
Article 26
For complex technical products manufacturer or supplier is obliged to determine, and intechnical guidelines specify the deadline of insured service and supply the market withspare parts, accessories and other products, without which the product can not be used in
its anticipated purpose (hereinafter: the spare parts).
Deadline, referred to in paragraph (1) of this Article, shall not be shorter then three years
for household appliances or five years for other complex technical products, unlessregulation, adopted on the basis of this law does not specify otherwise.
After termination of product manufacturing, the manufacturer or supplier is obliged toensure procurement of spare parts in order to maintain products, where deadline forcomplex technical products can not be shorter than ten years.
If the manufacturer or supplier does not own private service in Bosnia and Herzegovina,
he is also obliged to ensure complex technical products with the list of legal and natural
persons (services) which he authorized to provide services in Bosnia and Herzegovina.
Article 27
Manufacturer or supplier is obliged to regularly provide necessary type and quantity ofspare parts to authorized services and the market.
Authorized service consider to be the one who has valid manufacturer warranty which canservice products and has signed a contract for the procurement of spare parts.
The sale of a product which is defective gives the consumer a right to get compensation or
seek repair of the product. Also giving a warranty and not honouring it is an unfair tradepractice which a consumer can enforce in a consumer court.
Especially on consumer protection.
This can be possible by creating the joint working group of private and public sectors
cooperation, coordinating by ISIRI. Now we have some executive regulations andguidance in governmental levels which are based on governmental laws that aredeveloped or are under development.
- Responsibility to supply the intended product and its function ability- Duty to full and proper disclosure of all relevant information.
- Duty to adjust product to all formal standards.
- Optional Informal standards- Liability to body – damages on certain products.
- Standard form of guaranty certificate- The Housing Quality Assurance Act requires the responsibility for free repair to thevendors during 10 years from the completion of new homes.
- The Consumer Contract Act declares the clauses in the contract that require an
exemption of warranties or liability for damages for consumers void.
- Fair competition rules and enforcement regulations on labeling in home electric
appliances specifies some items such specifications, performances or features as to belabelled on products and specifies how to labelling when the warranties are issued. It
applies to the manufacturers, vendors and agents. The scope of the rules excludes built-in
appliances, appliances used in automobiles and manufactured for industrial use.

Page 16
KATS (Korea)

NSI (Namibia)
INDECOPI(Peru)SABS (South
Africa)SNV(Switzerland)
INNORPI(Tunisia)

YSMO (Yemen)- Consumer Protection Act:
The purpose of this Act is to provide for the duties of the State, local governments andenterprisers and the roles of consumers and consumer organizations in order to protect
the fundamental rights and interests of consumers, and also to provide for basic mattersnecessary for facilitating comprehensively the policy for protection of consumers, and toaccomplish thereby the improvement and rationalization of their daily lives as consumers.
- Product Liability Act
The purpose of this Act is to protect consumers against damage caused by defective
products, and contribute to the safety of the citizen's life and the sound development of thenational economy by regulating the liability of manufacturers, etc. for damages caused by
the defectiveness of their products.
- Monopoly Regulation and Fair Trade Act
The purpose of this Act is to promote fair and free competition, to encourage thereby
creative enterprising activities, to protect consumers and to strive for balanced
development of the national economy, by preventing any abuse of market-dominating
positions by enterprisers and any excessive concentration of economic power, and by
regulating undue collaborative acts and unfair trade practices.
- Quality Management and Safety Control of Industrial Products Act
The purpose of this Act is to provide for matters concerning the creation and support of thequality management in corporations, public institutions and organizations, etc. and mattersconcerning the secure management of industrial products with the aim of bolstering thequality competitiveness of corporations, public institutions and organizations, etc. and ofboosting the interests and safety of consumers.
The available law is the unwritten common law based on various juridical rulings handledfrom generation to generation.
The Consumer Protection Law – (Legislative Decree n° 716)
Article n°8 "The suppliers are responsible, besides, by the suitability and quality of the
products and services; by the authenticity of the marks and legends that exhibit the
products; by the truth of the commercial publicity of the products; and by the content andthe useful life of the product indicated in the container, in which it corresponds."
Resolution n° 085-96-TDC of November 13, 1996, the following precedent of obligatory
observance was established.
"a) According to the established in the first part of the article 8 of the Legislative Decree
n°716, is presumed that every supplier offers as an implicit warranty, that the good orservice matter of the commercial transaction with the consumer is suitable for the
purposes and predictable uses for the ones that normally these are acquired in the market,
according to what would expect a reasonable consumer, considering the conditions inwhich the products were acquired or the services hired, what understands the time limit ofreasonably foreseeable duration of the goods sold. Nevertheless, if the conditions andterms put in knowledge of the consumer or that had been knowable using the ordinary
diligence on the part of this one, contents in the documents, containers, bills, receipts,
guarantees or other instruments through which informs the consumer they exclude or limit
in an explicit way the reaches of the implicit warranty, these exclusions or limitations will
be opposable to the consumers.
The Consumer Protection Bill.
Cf. answer to question 1b
The main reference in matter of legal guarantee of products and services marketed on thelocal market, including imported products and services, is the law n° 117, dated December
7th 1992 on consumer protection (published in the Official Journal of the Tunisian Republic
n°83, December 15th 1992 in Arabic (as official language) and French (as translation).
- Consumer rights- Obligations of providers and advertisers- Consumer protection associations- The supreme committee for consumer protection- Procedures for investigation and control- Penalties.

Page 17

Annex from India(A)

Generic Problems Related to Goods
1. The warranty /guarantee card do not specify the addresses of service centre.
2. No benchmark specified on the product downtime. Many a time it is noticed that even the
product remains in the service workshop for couple of months. The warranty time in India formost of the product is one year and the equipment sent to service centre for three four times,
the customer uses the equipment for few months. There is no system which could penalize
the manufacturer that if the equipment comes to service centre with certain number of time,the equipment would be replaced. If the heavy equipment needs to be a transported, thecustomers is asked to bear the shipment charges thus the customer gets penalized for thedefective / under- quality products supplied by the manufacturer/ trader. There is no clausewith respect to DOA products. The products which are DOA are repaired instead ofreplacement.
3. No procedure defined for escalation of complaints to higher level in to.
4. Non- availability of spare parts during warranty period. Product getting obsolete and thencustomer is asked to pay the price for upgraded Product.
5. Warranty not being provided when the customer is shifting his premises.

(B) Problem Related to Goods Purchased Online or from other Jurisdiction.
The products purchased on –line or bought across jurisdiction are generally under- quality
products and no clause is specified that if the product does not meet quality standards/ or
found defective on arrival, would be replaced free of cost at the expense of shipper.
International standards or guidance document would be helpful in adhering to international
trade practices, better quality products, manufactures-traders accountability to wards nonperformance in accordance with claims.
(C) Common Problem Related to Products Warranties and After Sales Service
PRODUCT – Delay in after Sales Service.
PRODUCT – Not Providing after Sales Service.
PRODUCT – Not Repaired in under warranty.
PRODUCT – Not replacing under guarantee Period.
PRODUCT – Not replacing Product with Manufacturing Defect.
PRODUCT – Charging for repair in Guarantee- Warrantee period.
PRODUCT – Asking to pay under warranty period.
PRODUCT – Dealer charging more money for repair.
PRODUCT – Same problem persist after repair.
PRODUCT – Unsatisfactory Redressal.
PRODUCT – Nobody is responding for money back scheme.
PRODUCT – Dealer’s Misbehaviour.
PRODUCT – Dealer not entertaining.
PRODUCT – Service centre is not entertaining.
PRODUCT – High Officials not entertaining.
PRODUCT – Precaution to be taken while purchasing.
PRODUCT – After Sales service not provided.
PRODUCT – Defective Product.
PRODUCT – Late Delivery in Exchange Offer.
PRODUCT – OTHERSPage 18
PRODUCT – GENERAL INQUIRY(D)

Common Problem Related to Product Warranties and After Sales Service ProductCategory Wise
Television

 Delay in After Sales Service.
 Not providing After Sales Service
 Not repaired under warranty.
 Not replacing under guarantee period.
 Not replacing Products with Manufacturing Defect Same problem persist after repair.
 Unsatisfactory Redressal.
 Dealer not entertaining.
 Service Center is not entertaining.
 Dealer’s Misbehavior.
 After sale service not provided
 Under warranty still Dealer asking for amount to get repaired Once repaired but again same problem persists
 Require more money for providing after sale service
 No after sale service in AMC
Refrigerator

 Not repaired under warranty
 Manufacturing defect still not ready to replace Dealer misbehaving
 Under warranty still Dealer asking for amount to get repaired Manufacturing defect still not ready to replace Service center not entertaining Once repaired but again same problem persists
Mobile Not replacing Service center not responding Dealer misbehaving
 Not repaired under warranty
 Manufacturing defect still not ready to replace Service center not entertaining High officials not entertaining Dealer not entertaining Once repaired but again same problem persists
 Customer care/ service centre not responding properly Under warranty still Dealer asking for amount to get repaired
Air Conditioner

 Under warranty still Dealer asking for amount to get repaired Dealer not entertaining Once repaired but again same problem persists
 Require more money for providing after sale

Page 19

 Unsatisfactory redressal
 Not repaired under warranty
 Under warranty still Dealer asking for amount to get repaired Service center not entertaining Dealer not entertaining
Washing Machine Not repairing under warranty period
 Delay in after sale service After sale service not provided
 Dealer not entertaining Once repaired but again same problem persists
 Require more money for providing after sale service
Water Purifier Not repaired under warranty
 Under warranty still Dealer asking for amount to get repaired Manufacturing defect still not ready to replace Service center not entertaining
 Unsatisfactory redressal
Automobiles

 Dealer is not Responding.
 Company is not Responding.
 Delay in Services.
 Charging for Insured Part Mileage not given as per commitment.
 Dealer not providing Guarantee/ Warranty Card.
 Charging in Guarantee/ Warranty period for Manufacturing Defect.
 Ignoring / not providing service during Guarantee/ Warranty period Misbehavior by Dealer / Company.

Format of the External Examiner’s CV(Please do not exceed 3 pages)
CURRICULUM VITAE
1. Name: ASSOCIATE PROFESSOR DR. RAHMAH ISMAIL
2. Date of Birth and I. C. No./Passport: 24 NOV. 1961 (611124-71-5124)
3. Work Address: FACULTY OF LAW, UNIVERSITI KEBANGSAAN MALAYSIA, 43600 UKM
BANGI, SELANGOR
Tel. No.: 0389118431
Fax No.: 0389253217
Mobile Phone No.: 0192731560
E-mail Address: irahmah@ukm.edu.my
4. Academic Qualifications: LLB, LLM, Ph.D
5. Brief Career History: HAS BEEN A LECTURER SINCE 1988
6. Field(s) of Specialization: CONSUMER LAW
7. Posts held
Deputy Dean 2007-2009
8. Membership at the National Committeea. A member of Bar Council Disciplinary Committee
b. A member of Policy Review Committee, Ministry of Domestic Affairs,
Cooperatives and Consumerism.
9. List of Research
NO.
1.

RESEARCH TITLE
Undang-undang Perlindungan Pengguna
Asia Tenggara: Ke arah Kewujudan
Platform Serantau (Consumer Protection
Law in South East Asia : Towards
Establishing Regional Platform)

ROLE
Principal
Researcher

STATUS
Completed

2.

A Review of the Direct Sales Act 1993

Completed3.

Kerangka Institusi untuk Perlindungan
Penggunadi
Malaysia(Institutional
Framework for Consumer Protection in
Malaysia)

Principal
Researcher
Principal
Researcher

Completed1

4.

A Review of the Consumer Protection Act
1999
Sosiologi Undang-undang : Perundangan
PemacuKeadilan
SosialPengguna(Sociology of Law : Achieving Consumer
Social Justice through Laws)
A Malaysian Based ASEANGUICHET: One
Stop Consumer Product Information
CentreModel Penyelesaian Pertikaian Pengguna
Rentas Sempadan dalam Talian Bagi
ASEAN : Cetakan Biru Malaysia (The ASEAN
Cross Border Consumer Online Dispute
Resolution Model : The Malaysian Blue
Print)

5.

6.
7.

Co-Researcher

Completed

Co-Researcher

Completed

Co-Researcher

On-going

Co-Researcher

On-going

10. Number of Postgraduate Students Supervised:
Program
PhD

StatusGraduated
Ongoing

As a Principal
Supervisor
3
4

As a CoSupervisor
1
1

11. Number of Publications
Publication
JournalBook
Chapter in
Books

Quantity
20
2
4

12. List 10 Significant Journal Publications (Latest):
a. Fahirah Syaliza Mokhtar, Rahmah Ismail & Anisah Che Ngah. 2015. Invoking
learned intermediary rule in Malaysia. Mediterranean Journal of Social
Science.
b. Fahirah Syaliza Mokhtar & Rahmah Ismail. 2013. Medicinal product liability
under the Consumer Protection Act 1999 : Aims unmet. The Social Sciences.
c. Rahmah Ismail, Sakina Shaik Ahmad Yusoff, Shamsuddin Suhor, Shamsuddin
Suhor, Azimin Abdul Aziz, Muhammad Rizal Razman & Kartini Aboo Talib. 2012.
Consumer right to safe product : The application of strict criminal liability inproduct safety legislations in Malaysia. Pertanika Journal of Social Sciences &Humanities.
d. Rahmah Ismail, Sakina Shaik Ahmad Yusoff, Shamsuddin Suhor, Azimon Abdul
Aziz, Muhammad Rizal Razman & Kartini Aboo Talib. 2012. A comparative
study on the consumer protection legislations of Malaysia and Thailand. The
Social Sciences.
e. Sakina Shaik Ahmad Yusoff, Azimon Abdul Aziz, Rahmah Ismail, Shamsuddin
Suhor, Muhammad Rizal Razman, & Kartini Aboo Talib @ Khalid. 2011.

2

Legislative control of exclusion clause in selected common law countries.
Malaysian Journal of Consumer and Family Economics.
f. Muhammad Rizal Razman, Sakina Shaik Ahmad Yusoff, Shamsudiin Suhor,
Rahmah Ismail, Azimon Abdul Aziz & Kartini Aboo Talib @ Khalid. 2011.
Regulatory framework for land-use and consumer protection on inland water
resources towards sustainable development. International Business
Management.
g. Sakina Shaik Ahmad Yusoff, Rahmah Ismail, Shamsuddin Suhor, Azimon Abdul
Aziz, Muhammad Rizal Razman & Kartini Aboo Talib @ Khalid. 2011. A
comparative study on consumer protection legislations of Malaysia andIndonesia. International Business Management.
h. Muhammad Rizal Razman, Sakina Shaik Ahmad Yusoff, Shamsudiin Suhor,
Rahmah Ismail, Azimon Abdul Aziz & Kartini Aboo Talib @ Khalid. 2011.
Environmental Quality Act and consumer protection on inland water
resources towards sustainability. Research Journal of Applied Sciences.
i. Sakina Shaik Ahmad Yusoff, Rahmah Ismail, Shamsuddin Suhor, Azimon Abdul
Aziz, Muhammad Rizal Razman, & Kartini Aboo Talib @ Khalid. 2011. Remedi
pengguna di bawah undang-undang jualan barang. Malaysian Consumer
Law Journal.
j. Rahmah Ismail & Syed Alsagoff. 2010. Product safety in Asean : A
comparative study of Malaysia, Thailand, Indonesia, Singapore andPhilippines under the consumer protection legislations. Quarterly Law Review.

3