The legal institution of the warranty may change significantly

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The government reaches out on the regulation of warranty obligations arising from consumer contracts at several points, announced László Palkovics, Minister of Innovation and Technology, at a press conference on Wednesday. Thus, depending on the purchase price, the duration of the mandatory warranty will become banded, information obligations will change, and action in consumer protection cases may become more effective by controlling – and sanctioning – all actors in the supply chain in the event of a breach.

WARRANTY, 19 ] The most important point for all parties involved in the forthcoming legislative change is the current 151/2003. (IX. 22.) would make the provisions of the Government Decree conditional on the current maximum warranty period of one year depending on the purchase price of the product. Thus, below the purchase price of ten thousand forints, traders will still not be obliged to provide a guarantee, between ten and one hundred thousand forints the purchase price would remain one year, between one hundred and two hundred and fifty thousand forints the purchase price would increase for two years, and above two hundred and fifty thousand forints the mandatory warranty period would increase to three years. macbookrepair “/>

It is important that the warranty remains the so-called macbookrepair. mandatory for durable consumer goods, regardless of the purchase price. Doors, alarms and solar panels are included in this annex as amended. It is also an important moment that the trader is obliged to provide a guarantee only when concluding sales contracts concluded between the consumer and the business, if the buyer is a legal person, he is released from this obligation.

A new information obligation is included in the regulation, so if a repair if the product cannot be repaired within 15 days, the consumer must be informed, and if the product is repaired for the fourth time or cannot be repaired within 30 days, the consumer's need for replacement must automatically prevail. An important new element is that the service must properly inform the warranty person (ie primarily the dealer) of the expected time for the repair to be carried out.


will be strengthened, which will benefit not only consumers but also businesses that comply with the law. Until now, only the trader could be held liable in the event of the negligence of the trade union or the wholesaler, who in the worst case was forced to sue the service partner or the distributor for any damage.

and raises certain issues and problems both in the international legal environment. The strongest resistance is expected from the three-year warranty period, which in this form will become a completely unique legal entity not only in the European Union but worldwide.

Harmonized EU legislation does not know the concept of warranty at all, the EU only provides for the application of the guarantee institution. Accordingly, it is at least questionable whether, in the case of consumer durables, which are currently covered by a one-year warranty and a two-year warranty, the manufacturer undertakes a warranty period of up to three years exclusively for the Hungarian market.

In addition, the obligation to replace during a repair lasting more than 30 days in the new regulations is currently contrary to the provisions of the Civil Code, as the Civil Code. gives the trader the opportunity to make a correction instead of an exchange if he incurs a disproportionate additional cost in enforcing the exchange request. This is clearly in the interest of all debtors in the case of particularly high-value consumer goods, such as motor vehicles, which are rarely replaced. It is just as problematic to enforce a mandatory replacement after the fourth repair for motor vehicles.


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