Commercial (or standard) guarantee

Who is responsible for enforcing the standard guarantee?

To the legal guarantee can be added the additional guarantee offered by the manufacturer or seller (c.d. conventional guarantee), provided by art. 135-quinquies of the Consumer Code; this additional guarantee, although cumulative becausee it is added to the legal one, is optional in the sense that it is left to the choice of the seller or producer, who may or may not provide for it, but, once offered, such persons shall remain bound to it in the manner indicated in the declaration of guarantee itself or in the publicity thereof.

How long does a conventional warranty last?

The conventional warranty does not have a fixed term. It may be more or less temporal than legal and may include additional services for the consumer, such as the repair of the goods at home or the delivery of the replacement car in case of repair.

Who determines the duration of the conventional guarantee?

The conventional guarantee is free as regards duration, object and territorial extent, so the manufacturer or seller offering the conventional guarantee determines these aspects.

Does the guarantee need to be confirmed in writing? In what form?

 The conventional guarantee statement shall be provided to the consumer in a durable medium at the latest at the time of delivery of the goods. The conventional guarantee statement is written in simple and understandable language (See Art. 135-quinquies of the Consumer Code.

What information should be provided to the consumer?

Article 135-quinquies of the Consumer Code provides that the conventional warranty statement shall include the following:

1. A clear statement that the consumer has legal remedies against the seller free of charge for defects in conformity and that such remedies are not affected by the conventional guarantee;
2. The name and the address of the guarantor;
3. The procedure to be followed by the consumer to enforce the conventional guarantee;
4. The designation of the assets covered by the conventional guarantee; and
5. The conditions of the conventional guarantee.

For further details, consult the following link from the Ministry of Economic Development in relation to after-sales guarantees.

• https://www.mise.gov.it/index.php/it/assistenza/domande-frequenti/2040876-le-garanzie-post-vendita-domande-frequenti-faq (IT)
• https://www.mise.gov.it/en/media-tools/documents/after-sales-guarantees-frequently-asked-questions-faq (EN)

RELEVANT LEGISLATION

• Consumer Code:
  • Article 135-quinquies: (Conventional guarantees).

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