a couple of weeks Ago I spoke about Law Lemon, a regulation in force in the united States and Canada that protects the consumer in the event that the product purchased see some factory defect. This law obliges the seller to the repair, replacement or refund of the product in question even when the same has exceeded the warranty fixed. Precisely today we will discuss one of the concepts mentioned in this definition, the guarantees in Spain. An analysis with which we seek to resolve all the doubts that you may arise in order that the famous “small print” we do not play you a trick.
A car is listed as a consumer good and as such, the purchase of a product of these characteristics is subject to a legal guarantee that protects the consumer. By law, this warranty is two years, without limit of kilometers, during which period the seller has the obligation to repair our vehicle before issues have a source of factory. There is also the possibility of extending this protection, although it will be part of what is known as the commercial guarantee.
legal Guarantee and commercial guarantee
In the lines above we have addressed both concepts, although it seems to us a meaning too bare-bones for the magnitude of the concept that unites them. Although, the first of them, the warranty, it is not an option, but a obligation on the part of the manufacturer to protect the purchaser in case of a breakdown of the factory. One of the main features is that is not subject to a limit of kilometers, is two years and is written in a policy which must comply with all the companies. At zero cost, the customer can get their vehicle repaired and may even claim for the replacement of the same by new one if the fault has no repair possible.
of course, elements exposed to wear by the simple use of the product, in this case the car, are not covered by the warranty. In this way, crystals, tires, brake pads, or oil among others, obviously form part of the tasks that should be responsible by the buyer. In addition, the law requires the seller to repair the possible damage that may arise from the factory, but nothing more. the rest of The coverage will depend on the philosophy of the brand, supports such as roadside assistance in case of running out of petrol, accommodation for a breakdown on the road, replacement car and more.
Now, many may ask me what Kia with their seven year warranty? Or not necessarily I mencionaréis to the Korean company, I simply say that your car is protected by more than a couple of years. Yes, you have all reason, calm, there is an explanation. Outside of the law, though it sounds like a movie of the west, there is what is known as commercial guarantee, a option proposed by the company that dilates this warranty period. That way Kia, to continue with the example, in addition to the two years of the legal warranty that is obliged to offer, and proposes five more as part of your commercial warranty, making a total of seven.
although, one of the main conditions that differentiate the two warranties is that in the first there is no limit of kilometers, while in the second, in the majority of cases, yes it is contemplated. In the same way, the same manufacturer writes this protection, and there are clauses that cover only certain parts of the vehicle. For example, some manufacturers offer in their hybrid models more warranty for the mechanical system for the entire vehicle. In the same way the car can be subject to a three-year warranty while the body can extend this protection for up to five years.
Details that you do not know the guarantees
In general terms, both concepts seem to be well defined, although there are details that are a must-mention to avoid surprises at the last minute. One of them is the fact that we are obliged to inform the seller of the failure of our vehicle, in a maximum period of two months. Although this condition seems to us a somewhat absurd, since most if not all we will get in touch with the dealership the same day or on successive, this clause is contained in the warranty, and may be against us at some point.
In the same way, the time you spend in the workshop of our precious car will be frozen in the warranty, that is to say, not be added. If we noticed a problem a month before the end of the warranty period, we left the vehicle repairing and there it has remained for 30 days, when we collect our car we will continue with a month of warranty, not counting the time spent in the workshop.
it Is important not to lose as much protection from the vehicle’s tank as the pickup. This documentation will serve us for that, in case of any problem, allege that the vehicle was in repair during that period. having been repaired, the owner of the vehicle benefits from a six-month warranty for the repair in issue, a protection for which we will require the above documentation.
we Can claim if the period of repair was prolonged for too long. In such a case we are entitled from the reduction in the purchase price to the replacement vehicle by another identical and new. Of course, this last resolution will not be considered if there has been a material injury to the consumer.
Beware! The warranty we don’t cover in some cases
Care, the warranty is not a guardian angel, which first of all protects us. We have to take into account the cases in which this practice is not in us clothes. The following are considered:
- Damage caused by improper use of the car: The practice improper, which leads to alterations in the vehicle will not be protected by the warranty.
- Modifications in the car: changes made in the vehicle are not covered by the warranty. In addition, in some cases, certain alterations in the vehicle can lead to loss of the warranty.
- Participation in sports events: The practice in any sport competition will lead to the cancellation of the warranty automatically.
- total Loss: The warranty is lost in case of a repaired vehicle after being declared a total loss.
- environmental Damage: Any weather phenomenon that can cause damage to the vehicle is not covered by the warranty.
Warranties in the second hand market
Despite the fact that the aid offered by the government have been motivated in recent years to the purchase of new vehicles, the market second-hand continues to be one of the solutions that most buyers choose. This practice also offers a warranty, although the purchase of the car should be done at a dealer dedicated to the sale of the occasion, remain exempt sales of particular. Although, the legal warranty in vehicles pre-owned or used is, as little, a year, a period in which the seller is obliged to repair our car.
The coverage that arises in this case comes not reflected by the rules of good of consumption, but by the civil code, law that obligate the seller to deliver the vehicle without any charges or hidden defects. Even though the seller claims that he was not aware of these hidden defects listed, will remain in the obligation to repair the vehicle. As buyers we have a deadline of six months to file claims in this malpractice.