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Kushal Mantri (Assistant Manager - Mergers and Acquisitions)     11 October 2014

Warranty - whether on product or with consumer or both

Dear Experts,

The question for discussion is whether the warranty claimed on a product has any importance of the name of consumer or not?

eg. if a product has been sold by company to consumer X and consumer X gives it to consumer Y, there whether the warranty continues to consumer Y as well.

In all the confusion is whether a warranty is for a product only or whether the name of the consumer is equally important.

We have seen at various company websites that to transfer a warranty from consumer X to consumer Y, intimation to company is required. In case if such statement is not there, whether it means

no transferability allowed?


infinite transfers are possible and the end customer can claim it if the product is under warranty period?


 4 Replies

Sunil S Nair (lawyer)     11 October 2014

Its a very tricky query i to was very eager to understand the same and if i am correct following is in accordance to my sightings,,,,,,,In accordance to your query if consumer x bought product from the company he alone shall be responsible for the warranty it shall not pass on to y and the main part which plays here is the policy of the company which generally prohibits further sale of the product which will not be covered by the company 

Any other views are well come on this post

Hardeep (Business)     11 October 2014

Generally warranty is on first sale only unless clearly specified by producer otherwise.

sanjay kumar (BE/ LLM in Corporate Laws)     16 October 2014

The warranty contract which comes into force when the customer buys the product and is between the company and the first customer. The second customer cannot claim the warranty right automatically as there is no contract between him and the company. However,if company agrees to provide warranty to the second customer also,it is another matter.


Generally a warranty is on a product, not consumer specific, unless the warranty has been issued in a specific name.

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