Mr. Zhang bought a group of wooden flooring three years ago. At that time, the factory was responsible for the installation. In the Huangmei season a while ago, the floor arched up, so Mr. Zhang contacted the factory and asked to send someone to repair it. However, the manufacturer stated that the warranty period for the floor is generally one year. Mr. Zhang’s floor has exceeded the warranty period, and repairs must be made if necessary. However, Mr. Zhang believes that the floor arching is caused by the small gap between the floors of the workers during the installation. At the time, the factory only gave Mr. Zhang an invoice for the purchase of the floor. There was no warranty card, nor did he explain to Mr. Zhang. Floor warranty period, so it should not be limited by one year.
So, can Mr. Zhang ask the manufacturer for free repair?
[lawyer's opinion]
Partner of Shanghai Dabang Law Firm Si Weijiang
First, it is necessary to clarify the legal relationship between the two parties. Mr. Zhang and the floor manufacturer are a purchase and sales contract plus a contract of contract, which means that the manufacturer must not only ensure the quality of the flooring they provide, but also ensure that the floor installation quality is also acceptable. Therefore, after the quality of the floor arching accident, the responsibility of the floor plant can not be shirked. Unless the floor factory can prove that Mr. Zhang's home was arched due to Mr. Zhang's improper use, such as Mr. Zhang's house leaking pipes, causing the floor to be flooded and arched. Otherwise, the floor factory should bear the legal responsibility for the unqualified product quality or unqualified installation (or a combination of both). This civil liability includes maintenance, replacement, and even compensation for damages. If the quality of the floor of the floor factory itself is not qualified, even if the maintenance and replacement can not achieve the normal use of the floor, Mr. Zhang can even return, the factory returned the purchase price. Of course, under normal circumstances, the floor can achieve its goals through maintenance and replacement.
Secondly, the issue of warranty period, the general manufacturer's warranty commitments are aimed at as long as the product uses a quality accident (except for malicious damage), free maintenance within a certain period of time, in order to reflect sincerity, inspire consumers, this warranty is generally There will be a written commitment, such as the warranty card or instructions. This warranty promise is legally binding on manufacturers. However, if there is no warranty commitment, this does not mean that the manufacturer can not assume responsibility for repairs. Because according to the provisions of the contract law, the factory provided floor quality and installation services are not qualified to bear the liability for breach of contract. Therefore, as long as it is the responsibility of the manufacturer, the manufacturer must assume responsibility for maintenance regardless of whether it is within the warranty period. In addition, China's "Product Quality Law" also stipulates that product quality must be qualified, otherwise, producers and sellers should also assume legal responsibility for repairs, replacements, etc. Therefore, consumers also need to pay attention to the separation of responsibilities when claiming. When it is impossible to distinguish between responsibilities, experts can also be hired for identification.
Finally, it is the way to safeguard rights. The most formal way is to go to court for litigation, but this should also be the last option, because it takes time and effort, and it takes too much energy. The easiest and most common way is to find complaints from the Consumer Protection Center and solve them through them. Other ways include negotiating with lawyers.
Flooring
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