Consumer Product and Service Warranties

Applicable law on warranties under the Consumer Act

The provisions of the Civil Code on conditions and warranties primarily govern all contracts of sale with conditions and warranties.[1] The Consumer Act provides for additional rules on warranties as provided below.

Rules on Warranties
Consumer Code

In addition to the Civil Code provisions on sale with warranties, the following provisions are to govern the sale of consumer products with warranty:[2] 

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Conditions and warranties in sale on seller

Sales contract with suspensive condition

If the sales contract is under a suspensive condition which is not met, the innocent party may refuse to proceed with the contract or he may waive performance of the condition.[1]

Breach of warranty

In addition to the above rule, the innocent party may also consider the non-performance of the condition as a breach of warranty if the other party has promised that the condition should happen or be performed.[2]

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