A warranty is a contractual promise for a period. It is not the outer limit of your rights as a consumer, and sellers routinely present it as if it were.
Where you still have a case
- Inherent manufacturing defect. If the product was defective when it left the factory, the fact that the defect showed itself in month thirteen rather than month eleven does not convert it into fair wear and tear.
- Product liability. The 2019 Act allows a claim against the manufacturer, seller or service provider for harm caused by a defective product. It is not tied to the warranty period.
- Unfair trade practice or misleading advertisement. If the product was sold on a representation about life, durability or performance it never had, that is actionable independently.
- Deficiency in service. Where the failure is really about bad repair or servicing.
The proof problem, honestly stated
Out-of-warranty claims turn on establishing that the defect is inherent rather than the result of use, misuse or age. That usually means an independent technical opinion or a laboratory report. Without it, these claims are hard. With it, they are often straightforward. Decide early whether the value of the product justifies getting that opinion.
Out-of-warranty claims turn on establishing that the defect is inherent rather than the result of use, misuse or age. That usually means an independent technical opinion or a laboratory report. Without it, these claims are hard. With it, they are often straightforward. Decide early whether the value of the product justifies getting that opinion.
Practical sequence
- Write to the seller and manufacturer setting out the defect and what you want. Keep it factual.
- Get the product examined, and keep the failed part and all service records.
- If there is no resolution, file before the appropriate commission within two years of the cause of action.