"Our dilemma occurred when we purchased 50 pieces of steel bars from a supplier, who offered 30% less than the market price. Half of our requirement was delivered the same day we placed our order. When our contractor, however, checked the bars, he discovered that they were substandard steel bars.
"Upon learning this, we immediately called the supplier and tried to negotiate for a change in our order. Unfortunately, it did not work out. Since we had already paid 50% of the full amount, we decided to cancel the remaining 25 pieces. Thankfully, they agreed to this. Since then, we have not bought anything from that supplier.
"We’re just lucky that our contractor noticed that the steel bars we bought were of low quality. Otherwise, we could have lost more than the 30% that we thought we had saved. Just to clarify on the legal side, was it really right for us to cancel the rest of our order? As a consumer, how do we detect that the steel bars sold to us are substandard or not? What protection does DTI give us?
A. You did the right thing. In fact, you should have insisted on having all of the steel bars returned or replaced.
Article 100 of the Consumer Act of the Philippines states: "The suppliers of durable or non-durable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption (for which they are designed) or decrease their value, and for those resulting from inconsistency with the information provided on the container, packaging, labels, or publicity messages/advertisement, with due regard to the violations resulting from their nature, the consumer being able to demand replacement to the imperfect parts."
However, if the imperfection is not corrected within 30 days, you may consider the following options: demand replacement of the product by another of the same kind, in a perfect state of use; immediate reimbursement of the amount paid, with monetary upgrading and without prejudice to any losses and damages; or proportionate price reduction.
To be certain that the product passed the requirements of the Philippine National Standard 49:2002, steel bars must have the PS mark and the approved logo of the manufacturer. Substandard steel bars are often underweight, undersized, and do not have the PS mark. Plus, the DTI-approved logo of the manufacturer is not visible.
(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)