Article 17. Time limits for the consumer to submit claims regarding defects in the goods of the Consumer Protection Act

Home / RLA / Article 17. Time limits for the consumer to submit claims regarding defects in the goods of the Consumer Protection Act

1. With respect to the goods for which the expiration date has been set, the consumer has the right to make claims for defects in the goods if they are found during the shelf life of the goods.

2. If a warranty period is established for the product, the consumer has the right to make claims related to defects in the product if defects in the product are found during the warranty period.

The warranty period begins to run from the moment the goods are handed over to the buyer, unless otherwise stipulated in the contract.

If the product does not have a warranty period or expiration date, claims related to defects in the product may be filed by the consumer, provided that the defects in the sold product were discovered within two years from the date of delivery of the product to the consumer, unless longer periods are established by the legislation of the Republic of Kazakhstan or the contract.

In cases where the warranty period stipulated in 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 delivery of the goods to the consumer, the seller (manufacturer) is responsible 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 to be 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 part), the warranty period is calculated anew, unless otherwise provided by the contract.

In the event that a warranty period shorter than the warranty period for the main product is specified in the contract for the component product and the component part of the product, the consumer has the right to make claims for defects in the component product and the component part of the product if they are found during the warranty period for the main product.

If a warranty period for a component product is specified in the contract for a longer period than the warranty period for the main product, the consumer has the right to file claims for 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 in the goods is calculated from the date of transfer (delivery) of the goods to the consumer, and if the goods need special installation (connection) or assembly, – from the day of its installation (connection) or assembly. If the consumer is unable to use the product due to circumstances beyond the control of the seller (manufacturer), the warranty period or the period for identifying defects in the product 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, or elimination of circumstances depending on the seller, as a result of which the consumer cannot use the goods for their intended purpose, this period is calculated from the date of conclusion of the purchase agreement.

If it is impossible to determine the date of transfer, these terms are calculated from the date of manufacture of the goods.

If only the month and year or the 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 manufacture, respectively.

3. The time limits specified in this article shall be communicated to the consumer in the information about the product provided to the consumer in accordance with Article 25 of this Law.

The Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV.

This Law defines the legal, economic and social foundations of consumer protection, as well as measures to provide consumers with safe and high-quality goods (works, services).

President

Republic of Kazakhstan

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