Defective cellphone without product warranty

Q. Paolo Sadiwa of Pasig writes: "I decided to buy a new cell phone to replace my old model. During the first week of May, I bought a new Nokia 3610 model in good condition from a store in Mandaluyong. However, the saleslady did not issue a product warranty but warned me that I had exactly one day from the date of purchase to return the phone should it turn out to be defective.

"After three weeks, I noticed a problem with its volume. I could hardly hear my phone whenever it rang, even if I set its volume to its maximum level. I was so disappointed that I wanted my cell phone replaced.

"I understand that I have the right to have my cell phone repaired or replaced at no cost, as long as the product is covered by a warranty. However, since the retail store where I bought my cell phone did not issue a warranty, what would be the basis for my right to demand for cell phone replacement? Is the store where I bought my cell phone accountable?

A. A warranty is a guarantee of quality or fitness of a particular product. It describes the supplier’s contractual responsibilities against any problem that might arise from the use of a product.

However, even if a buyer was not issued a written warranty for the product purchased, he/she can still claim remedy for defects from the vendor.

Under the New Civil Code, when a buyer enters into a sales transaction, it implies that he/she can make use of the thing he/she bought. In this regard, if the product bought is defective, the consumer has the right to demand either repair/replacement of the defective product or refund of payment, regardless of the absence of a warranty.

In addition, Title III, Chapter 1, Article 50b of the Consumer Act of the Philippines states: "A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act, whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller–through concealment, false representation or fraudulent manipulation–induces a consumer to enter into a sale or lease transaction of any consumer product or service. The act or practice of a seller or supplier is deceptive when it represents that a consumer product or service is of a particular standard, quality, grade, style, or model when, in fact, it is not."

In other words, you still have the right to complain even if the retailer from which you bought the product did not issue a warranty. Just present the sales receipt to the store as proof of purchase and demand for the specific action that you would like to be taken.

(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI-Domestic Bldg., 361 Sen. Gil Puyat Ave., Makati City. You may also call us at our consumer hotlines 896-5740 or 890-4938. Our e-mail address is www.e-reklamo.net.ph)