Sarath Nalla (MD) 22 December 2014

Warranty applies from date of purchase or date of delivery?

Hello ..

My Straight question: will warranty period apply from date of purchase or from date of delivery?

Case:

I've a bought a pioneer home theater worth 40,000 INR from Reliance store on Dec 15, 2013 and product was delivered & installed on Dec 16, 2013. I've bill and delivery challan.

Now Home Theater is not working and called the customer service on Dec 15, 2014. They have diagnosed the problem and told it would cost 10,000 to fix it. They say one year warrant wass expired on mid night Dec 14, 2014. Since i bought on Dec 15, 2013.

My Question is i bought on Dec 15 but the product is delivered to Dec 16. So, warranty should apply from Dec 16th i.e delivery date. Why should i lose my one day warranty for keeping the product in their store? In this case i don’t have to pay 10000 for service.

How far my question is reasonable? Im a right as per the law?

Note: When we buy first time car insurance. The insurance will apply from the car delivery date but not from the insurance paid date.

Kindly Advise...

Thanks in Advance

Sarath

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1 Replies

Hardeep (Business) 23 December 2014

1)Normally Warranty tenure is from date of bill . The underlying assumption is sales are complete when buyer has taken the goods out of the Showroom.

2) if the terms of sale were " delivered and installed " then property in goods may be said to pass after such acts and the Sale is complete only then,. The conduct of the parties and the agreements have to be seen. See S. 19 to S. 21 of Sales of Goods Act.

3) Explicit terms override implied ones. If it is explicitly stated in the Contract that Warranty is 12 months from date of invoice then that will hold.

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