During what period does the consumer have the right to make a claim regarding the defects of the goods?

According to Article 17 of the Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV "On Consumer Rights Protection", in respect of goods for which the expiration date is set, the consumer has the right to make claims about the defects of the goods if they are found during the shelf life of the goods.

If a warranty period is established for the goods, the consumer has the right to make claims related to the defects of the goods, if the defects of the goods are detected during the warranty period. The warranty period begins to be calculated from the moment of transfer of the goods to the buyer, unless otherwise provided by the contract. If the warranty period or expiration date is not established for the goods, the claims related to the defects of the goods may be presented by the consumer, provided that the defects in the sold goods were discovered within two years from the date of transfer of the goods to the consumer, unless longer terms are established by the legislation of the Republic of Kazakhstan or the contract. In cases where the warranty period stipulated by the contract is less than two years and the defects of the goods are discovered by the consumer after the expiration of the warranty period, but within two years from the date of transfer of the goods to the consumer, the seller (manufacturer) is liable if the consumer proves that the defects of the goods occurred before the transfer of the goods to the consumer or for reasons that arose before that moment.

Unless otherwise provided by the contract, the warranty period for the component product is considered equal to the warranty period for the main product and begins to expire simultaneously with the warranty period for the main product. When replacing a product (component product), the warranty period is calculated anew, unless otherwise provided by the contract. In the event that a warranty period of a shorter duration than the warranty period for the main product is established for the component product and the component part of the goods in the contract, the consumer has the right to make claims about the shortcomings of the component product and the component part of the goods if they are detected during the warranty period for the main product. If a warranty period of a longer duration than the warranty period for the main product is established for a component product in the contract, the consumer has the right to make claims about defects in the product if defects in the component product are found during the warranty period for it, regardless of the expiration of the warranty period for the main product.

When selling goods by samples, by mail, by electronic commerce, as well as in cases where the time of conclusion of the contract of sale and the time of transfer of the goods to the consumer do not coincide, the warranty period or the period for identifying defects of the goods is calculated from the date of transfer (delivery) of the goods to the consumer, and if the goods need a special installation (connection) or assembly, – from the date of its installation (connection) or assembly. If the consumer is deprived of the opportunity to use the goods due to circumstances depending on the seller (manufacturer), the warranty period or the period for identifying defects of the goods is not calculated until the seller (manufacturer) eliminates such circumstances. If it is impossible to determine the date of transfer (delivery), installation (connection) or assembly of the goods, elimination of circumstances depending on the seller, due to which the consumer cannot use the goods for their intended purpose, this period is calculated from the date of conclusion of the contract of sale.

If it is impossible to establish the date of transfer, these terms are calculated from the date of manufacture of the goods. If only the month and year or year of manufacture of the goods are indicated in the date of manufacture of the goods, the last day of the month or year is considered to be the day of its manufacture, respectively.

The terms specified in this article are brought to the consumer's attention in the information about the product provided to the consumer in accordance with Article 25 of this Law.

Consumers regarding the protection of their consumer rights can contact the Department for Consumer Protection of East Kazakhstan region (Ust-Kamenogorsk, Krylova str., 114, phone 8(7232)267207, e-mail: dzpp.vko@mti.gov.kz ).

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