Guarantees and warranties

When buying goods and services, we are all used to being told that what we've bought is covered by a 'guarantee' or 'warranty'. But what does this mean, and what benefit can we expect to receive if we have to make a claim for faulty goods or shoddy workmanship?

How do customer guarantees affect you

When buying goods and services, we are all used to being told that what we've bought is covered by a 'guarantee' or 'warranty'. But what does this mean, and what benefit can we expect to receive if we have to make a claim for faulty goods or shoddy workmanship?

What is a guarantee?

In addition to their legal rights a consumer may be offered a guarantee (e.g. by a manufacturer or retailer) on a voluntary basis. Guarantees – sometimes also called warranties – do not have to be offered but if they are, those given free of charge with the product:

• will be legally binding on the person making the guarantee
• will have to be written in English and in plain, intelligible words
• must be available for consumers to see before they buy e.g. by advertising where they may be seen, such as on the internet for those with access
• state that they do not affect the consumer’s legal rights.

What is a warranty?

A warranty provides the same sort of cover that a guarantee does, but often the consumer has to pay extra for it - for example, many retailers offer a warranty for cover against the cost of repairs and replacement parts for up to five years after purchase.

Effectively, these sorts of warranties are insurance policies, issued by and underwritten by insurance companies. Just to confuse matters, these can sometimes be known as 'extended guarantees' or 'extended warranties'!

What legal protection do I get with warranties and guarantees?

As both are contracts, warranties and guarantees give the consumer the right to make a legal claim against the person issuing them. This means that if the manufacturer or retailer refuses to honour the warranty or guarantee, the consumer can take them to court to force them to meet their promises.

Both warranties and guarantees are in addition to a consumer’s statutory rights under either the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982 (as amended).

Duration of free guarantees

It is up to the company offering a free guarantee to decide on its duration. Many products come with a free one-year guarantee; some have two or three years while others have none. This is entirely legal.

For further information email info@thefurnitureombudsman.org