By: Norma Villalobos
The amendment to Article 33-A consists of establishing the mechanisms through which the consumer must communicate to the supplier the defect of operation or deficiency of the service while extending the term for the execution of the guarantee. With the reform, the malfunction or deficiency of the service may be communicated by any means that guarantees proof of receipt, if it is within the term of the warranty.
Likewise, this article incorporates the obligation of the suppliers to keep an electronic or physical record of warranties and to always provide the consumer with a copy of the same when so required, so that they may claim their rights even in cases where the warranty certificate issued by the supplier has been lost.
On the other hand, the amendment to Article 43 of the Law, consists of adding to the catalog of serious infringements as literal t), the failure of suppliers to keep a record of warranty certificates, invoices, or documents that cover the warranty, or if they refuse to provide information or copies of the warranty when requested by the Consumer Ombudsman’s Office”.
The amendments became effective 8 days after their publication in the Official Gazette No. 238 Volume No. 437 dated December 16, 2022.