Slide thuyết trình TACN2 Topic: Warranty and Guarantee

MAIN PARTS Definition of Warranty and Guarantee Differences between Warranty and Guarantee Exercise RIGHTS AVAILABLE TO CONSUMERS  Right to Safety (protected against the marketing of goods and services, which are hazardous to life and property)  Right to be Informed (quality, quantity, potency, purity, standard and price of goods)  Right to Choose (access to variety of goods and services at competitive price.)  Right to heard (consumer's interests will receive due consideration at appropriate forums.)  Right to Seek redressal (against unfair trade practices or unscrupulous exploitation of consumers.)  Right to Consumer Education (know their rights and must exercise them , particularly the rural consumer.) 01 Definition of Warranty and Guarantee WARRANTY “A written statement that promises the good condition of a product and states that the maker is responsible for repairing or replacing the product usually for a certain period of time after its purchase” Merriam-webster WARRANTY  A document that is issued to protect a buyers’ right  A legally binding contract that is similar to an insurance policy  Be sold from the company as well as the seller  Warranties mostly cover the repairing of the product and incase it cannot be replaced, the product may be replaced  Warranties are limited but can be extended with extra money WARRANTY  Have exceptions that limit the conditions in which a manufacturer will be obligated to rectify a problem For example: Many warranties for common household items only cover the product for up to one year from the date of purchase and usually only if the product in question contains problems resulting from defective parts or workmanship WARRANTY  Many vendors offer extended warranties These extended warranties are essentially insurance policies for products that consumers pay for up front  Coverage will usually last for a handful of years above and beyond the manufacturer's warranty and is often more lenient in terms of limited terms and conditions Examples for warranty against defects:  A consumer purchases a motor vehicle that comes with a three year or 100,000km written warranty outlining what the manufacturer will if there are certain problems with the vehicle this is a warranty against defects   The stereo came with a three-year warranty A one-year warranty for the refrigerator GUARANTEE “A written promise given by a company that something you buy will be replaced or repaired without payment if it goes wrong within a particular period or a firm promise that you will something or that something will happen” Oxford Advanced Dictionary Examples of guarantee:     There's no guarantee that she'll come (= She may not come) We had to offer our house as a guarantee when getting the loan They want the new contract to include a guarantee of job security A close relative, usually a parent, can provide a guarantee for the loan 02 Differences between Warranty & Guarantee Differences between Warranty & Guarantee GUARANTEE WARRANTY Promise/pledge Assurance Repair/ Replacement/ Refund parties Repair parties Differences between Warranty & Guarantee Warranty Seller Principal Buyer Promise Beneficiary Seller of Buyer Guarantor Bank or Insurance Company Seller of Buyer Gu an ar e te Examples: GUARANTEE WARRANTY A sells an item to B and guarantees that it will A sells an item to B and warrants that it can produce 20 widgets a day produce 20 widgets per day, but in fact it produces • B can return the item to A for a full refund only 19, B can bring an action for damages against if it does not produce 20 widgets a day A • Similarly, C can guarantee A’s debt to B, so that, if A fails to pay B, C, the guarantor, is obliged to pay B instead (1) (2) the cost of fixing the item the loss of profit B cannot return the item for a full refund SUMMARY The guarantee is a commitment to make good defects of a product or a service in a fixed period A warranty looks after the repairing of a new article within the validity period A guarantee is a legal contract without any payment A warranty received on payment is also a legal instrument with which the seller can be brought to books A guarantee is an addition to the legal consumer rights A warranty does not affect the rights under the consumer act A guarantee is applicable irrespective of the provision of the warranty A warranty is free to go together with a guarantee issued on the same article Probably the best term is defects liability since this is the only term with an exclusive and unmistakable meaning 0 EXERCISE EX1 : How many parties to a guarantee? a one b two c three d four EXERCISE EX2 : Who are guarantors in export contract? EXERCISE EX3 : Translate into Vietnamese Party B will guarantee all materials and equipment is using well Party B warrants the all items (material and equipment…) 18 months In the warranty period, Party A has rights of request to change new or/and repair the equipment because of the defect faults All costs/fees relating to change new or/and repair equipment will be bound to Party B EXERCISE EX3 : Bên B bảo đảm tất thiết bị sử dụng tốt Bên B bảo hành thiết bị nêu 18 tháng Trong thời gian bảo hành, bên A có quyền yêu cầu sửa chữa hoặc/và thay thiết bị lỗi sản xuất Tất chi phí phát sinh việc thay hay sửa chữa Bên B phải chịu EXERCISE EX4 : Translate into Vietnamese Disclaimer of warranty The Supplier disclaims all warranties with regard to any software licensed to the Purchaser under this Agreement, including all implied warranties of merchantability and fitness for a particular purpose In no event shall the Supplier be liable for any special, indirect or consequential damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with use or performance of any software licensed under this agreement EXERCISE EX4 : Từ chối bảo hành Nhà cung cấp từ chối bảo hành phần mềm mà người mua phép sử dụng theo thỏa thuận này, bao gồm bảo hành ẩn ý khả mua bán lại mục địch cụ thể phù hợp Trong trường hợp nhà cung cấp chịu trách nhiệm thiệt hại trực tiếp hay gián tiếp đặc biệt phát sinh từ việc quyền sử dụng, số liệu hay thiệt hại lợi nhuận hành động theo hợp đồng, lơ hay hành động sơ suất khác phát sinh trực tiếp gián tiếp sử dụng phần mềm cấp phép theo thỏa thuận EXERCISE EX5 : Translate into English Trong thời gian bảo hành, người Bán chịu trách nhiệm hỗ trợ kỹ thuật giúp người Mua giải vấn đề kỹ thuật hàng hóa có lỗi Cách/kênh hỗ trợ kỹ thuật điện thoại và/hoặc email EXERCISE EX5 : During the warranty period, the Seller is responsible for technical support to help the Buyer in solving technical problems if the Goods show any defects The first line of technical support shall be by telephone and/or email Thank you Have a nice day