Slide thuyết trình TACN2 Topic: Warranty and Guarantee

MAIN PARTS

1. Definition of Warranty and Guarantee

2. Differences between Warranty and Guarantee

3. 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 do 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 do something or that something will happen”
Oxford Advanced Dictionary


GUARANTEE



A guarantee is a document that also protects the right of a consumer. A guarantee promises that
something that is sold is of the quality that is promised.



Guarantees come for a fixed amount of time, i.e. 6 months, 2 years, etc



If the buyer is not satisfied with the products, they would return the consumer’s money.



A guarantee may require a person to fill out a registration card or provide the guarantee card in
order to get the promised service.


GUARANTEE


Many different businesses and service providers will offer guarantees.



Be careful



Some guarantees are insurance backed and these may prove more secure.



Cannot be used to limit or exclude responsibility of a business for selling faulty products.


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

3 parties

Repair

2 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
1. 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.
2. 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.
3. A guarantee is an addition to the legal consumer rights. A warranty does not affect the rights under the consumer act.
4. 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.
5. Probably the best term is defects liability since this is the only term with an exclusive and unmistakable meaning.

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EXERCISE

EX1 : How many parties to a guarantee?
a. one
b. two
c. three
d. four


EXERCISE

EX2 : Who are guarantors in export contract?

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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.

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EXERCISE

EX3 :
Bên B bảo đảm tất cả các thiết bị đều sử dụng tốt.
Bên B bảo hành các thiết bị nêu trên 18 tháng
Trong thời gian bảo hành, bên A có quyền yêu cầu sửa chữa hoặc/và thay mới các thiết bị nếu do
lỗi sản
xuất. Tất cả các chi phí phát sinh do việc thay mới hay sửa chữa này sẽ do Bên B phải chịu.

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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.

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EXERCISE

EX4 :
Từ chối bảo hành

Nhà cung cấp từ chối bảo hành bất kỳ phần mềm nào mà người mua được phép sử dụng theo thỏa
thuận này, bao gồm cả các bảo hành ẩn ý về khả năng mua bán lại và những mục địch cụ thể phù
hợp nào đó. Trong mọi trường hợp nhà cung cấp sẽ không phải chịu trách nhiệm về các thiệt hại trực
tiếp hay gián tiếp đặc biệt nào phát sinh từ việc mất quyền sử dụng, mất số liệu hay thiệt hại lợi
nhuận do một hành động theo hợp đồng, do lơ là hay các hành động sơ suất khác phát sinh trực tiếp
hoặc gián tiếp khi sử dụng các phần mềm được cấp phép theo thỏa thuận này

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EXERCISE

EX5 : Translate into English

Trong thời gian bảo hành, người Bán chịu trách nhiệm hỗ trợ kỹ thuật giúp người Mua giải quyết
các vấn đề kỹ thuật nếu hàng hóa có lỗi. Cách/kênh hỗ trợ kỹ thuật đầu tiên là bằng điện thoại
và/hoặc email.

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