Consumer Remedies
The set of rights a consumer may use when defective goods are delivered. Under Article 11 of Law No. 6502, the consumer may freely choose one of the following: withdrawal from the contract, a price reduction, free repair, or replacement with a defect-free equivalent.
The right to choose belongs to the consumer; the seller cannot force the consumer into a particular option. Even so, knowing the practical difference between the options helps you find the route that gives the fastest result in the field.
- Free repair: the device stays the same; in an installed system the parameters are preserved, so this is usually the route that causes the least downtime.
- Replacement with a defect-free equivalent: a new unit arrives; recommissioning is required.
- Price reduction: comes into play when the defect does not prevent use.
- Withdrawal from the contract: the product is returned and the price is refunded.
In a free repair request, no charge may be demanded for labour, replaced part cost or under any other name. Fulfilment of repair or replacement requests is subject to a maximum period set in the legislation; if that period is exceeded, the consumer may raise the other remedies. This regime does not apply to commercial purchases; such claims are assessed under the contract and general provisions.
Context in which this term is used: contact page