Fogyasztóvédők Magyarországi Egyesülete

The contractual and statetutory guarantee commitments

In general any contracting party can accept guarantee in the interest of the performance in conformity with contract. In these cases, the parties determine the content of guarantee themselves, such as 10-year guarantee is also acceptable for the usability, quality of the product. The guarantee commitment is executed, even if it is accepted by the party not in the contract but in the advertisement of the product, or even the parties may reach an oral agreement about it.
In the cases of statutory guarantee agreements, the legislator determines what products must be guaranteed by the manufacturers, distributors, and under what conditions. It's possible to depart from these conditions just in favor of the consumer, the law does not allow to cut the guarantee period neither by mutual consent.

Guarantee commitments are prescribed by the following statutory instruments in force:

• Act 151/2003. (IX.22) Government Decree on guarantee commitments of durable consumer's goods (the guarantee period: 1 year)
• The Act 181/2003. (XI. 5.) Goverment Decree (the guarantee period of 3 years) on guarantee commitments in connection with housing construction
• The Act 249/2004. (VIII. 27.) Government Decree on guarantee commitments of repairer services (the guarantee period: 6 months)
   

Guarantee commitments of durable consumer's goods

There are guarantee commitments just on durable consumer's goods listed in the Annex of the Act 151/2003. (IX. 22.)Goverment Decree

If we haven't received warranty card, we definitely have to ask it of the trader. In all cases, we shall preserve carefully the document which proves the payment of the countervalue.
That is obligated to performance of guarantee commitments, who is ordered to provide the service laid in the consumer's contract, namely the distributor.
If a manufacturer accepts more favorable guarantee conditions for the consumer's goods, than in the decree, by virtue of guarantee the distributor's guaranteed rigts devolve on the consumer with the performance of the consumer's contract. The one-year guarantee period starts with the handover of the consumer's good to the consumer, or with the date of commissioning, if it was carried out by the distributor or by his agent.
 

The guarantee commitments of newly built houses

Guarantee rules of construction contracts concluded after the 5. of December 2003. or construction work started without contract after this date, can be found in the Act 181/2003. (XI. 5.) gov. Decree.
The guaranteed rights can be enforced by the extended warranty card, which must be issued separated related to every single building, and then it must be handed over to the authorized during the course of the acceptance procedure.
The contractor doesn't have to make a separate guarantee rules and regulations.

The guarantee commitments of repair and maintenance services

The guarantee commitments of repair-maintenance services are regulated from 1. of Sept. 2004. by the Act 249 / 2004. (VIII.27) Government Decree.
If the repair cost exceeds 20,000 HUF, warranty must be issued with the content presribed in the decree, without any request.. The guarantee period is 6 months. There is no way to depart from this rule to the disadvantage of the consumer.
The guarantee begins with the transferring of the product to the consumer, or if the product depending on the nature of it must be placed into service, from this date.
If by virtue of the defective performance the wrong product shall be carried away and back, the contractor has to provide for this, except the vehicles and the products under 10 kg and which can be carried by public vehicle. If the contractor fails to carry it away and back, the consumer can do it or have it done at the contractor's expense.
In cases where disagreement arises between a consumer and the supplier about the judgement of quality claim, the consumer can make a complaint to the arbitration board, where well prepared council members examine the discussion between the parties, and adopt decision or reference to settle the dispute.
The Arbitration Board's examination of discussions is mainly based on professional aspects. Businesses – based on previous practice- don't like declaring of submissions previously, which would help consumers to trust in them.