CONSUMER PROTECTION Flashcards
The Consumer Protection Act
RA 7394
Implementing Agency
Product and Service Warranty
DTI
Express warranty is operative from _____
the moment of sale
Sales report
made by: distributor
submitted to: the manufacturer, producer, or importer
30 days from date of purchase unless otherwise agreed upon
sales report is equivalent to __________
warranty registration
Retailer is ______liable under the warranty in case both manufacturer and distributor dishonor he warranty
subsidiarily liable
Duration of warranty
as stipulated
if implied warranty of merchantability accompanies an express warranty, both will be of equal duration
Guaranty of Service firms
Clue: spare part
service firms shall guarantee workmanship and replacement of spare parts for a period of 90 days, MINIMUM as indicated in the invoice
Warranties in supply of services shall not apply to ___________
professional services
weird inclusion: salesmen
Warranty work must be made to conform to the express warranty within ______ days by either warrantor or representative
30 days
Prohibited Acts under Product Service and warranty
- unreasonable delay to honor the warranty
- refusal to honor warranty
- false representation in an advertisement as of the existence of a warranty or guarantee
- removal of warranty card to evade warranty obligation
Prohibited Act under Price Tag Requirement
to offer any consumer product for RETAIL sale to the public without an appropriate price tag, label or marking publicly displayed to indicate the price and SHALL NOT be sold at a price HIGHER THAN the stated price without discrimination to all buyers
Exceptions to the price tag requirement
small consumer product: price list at the nearest point where the products are displayed
lumber: add the official name of the wood
Erasures are allowed in the price tag
FALSE
there shall be no erasures or alterations
Penalty for violation of Price Tag Requirements
Fine: 200 - 500
Imprisonment: 1 - 6 months
OR both
Second conviction carries penalty for revocation of business permit and license.
Review definition of terms
corrosive, flammable
DANGER
other hazardous substance
bright red or orange color with a black symbol
warning/ caution
hazardous substance which is highly toxic
poison
physical or mental infirmity, ignorance, illiteracy, lack of time or the general conditions
of the environment or surroundings, induces the
Unconscionable Sales Act
concealment false representation
Deceptive Sales Act
Chain distribution or pyramid sales
PROHIBITED by the Constitution
home solicitation sales
GR: not allowed
Exc: DTI permit
9:00 AM - 7:00 PM
implementing agencies of consumer act
DTI, DA, DOH
regulation of agricultural products for public consumption
LGUs
g/s, credits. debts which are PRIMARILY for personal, family, household or agricultural purposes, including but not limited to food, drugs, cosmetics, devices
consumer products or services
deceptive act is penalized ____, ____, ____ transaction
before, during, after
limitations of home solicitation
- the buyer has been specially selected
- survey, test is conducted
- seller is making a special offer to few persons for limited period
any other implied warranty shall not endure not less than ____ days nor more than ___ year ff the sale of new consumer product
60 days; 1 ear
created to improve management coordination and effectiveness of consumer programs
national consumer affairs council
original and exclusive jurisdiction to mediate, conciliate, hear and adjudicate
consumer arbitration officers
