in Consumer Law Tax and Accounting Law
Asked March 16, 2014

Liability of manufacturer after the Warranty Period

  • 1 Answer

My laptop has of late not been working properly. I wanted to know if I can make the company manufacturing my laptop or their after sales service provider liable for faults in it, after the expiration of the warranty period. What are my options in this case, considering I have maintained my laptop regularly.

Answer 1

Default avatar
Saumya Kumar
The liability will depend on the terms of the contract determining the warranty. If the warranty period has expired then it will be difficult to hold the the sales service provider responsible. It is advised that you must examine the terms of the contract between you and the service provider. There is a concept of implied warranty, under which the seller or service provider, provides an implied assurance that the product is fit and the good reasonably confirms to an ordinary buyer's expectations. Therefore, you may have a claim for against the service provider for implied warranty if he failed to provide the basic service expected from him. If he has provided the required service and the laptop is not functioning because of general wear and tear or excessive usage on your part, the claim for implied warranty will be difficult to establish. Further, often the standard contracts incorporate terms and conditions which restrict the buyer from filing a case for implied warranty. If such a term is there in your contract hen you may not be able to file a suit against them.
Agree Comment 0 Agrees almost 5 years ago

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