If a product proves to be defective within six months of the moment of purchase, the seller must generally give compensation for the defect. If the seller of the product believes that it was defect-free at the time of purchase, reliable evidence of this must be shown. Simply claiming this to be the case is insufficient.
The new six-month -rule in this Act does not apply if the normal life of the product is less than half a year, in cases of normal wear and tear, or in cases of misuse. The normal life of a product is not specifically defined in the Act, but generally one can expect even low-priced consumer goods to last at least half a year. Even after six months the seller is naturally liable for defects as defined by the Act. In this case, however, the burden of proof lies, in principle, with the consumer. The six-month -rule also concerns second hand goods, such as the sale of second hand cars. One cannot, however, expect the same from a used product as from a new product. Before making the purchase the buyer should examine the used goods as well as it is possible, without resorting to any special measures. When assessing a defect in a second hand product, the overall situation is taken into account: what information about the condition of the product was given at the time the sale was made, how the price compared to similar used goods, whether it is a case of normal wear and tear, etc.
It is not compulsory to give a guarantee. The Consumer Protection Act in itself guarantees that the consumer is entitled to compensation for a defective product. It is usual to give a guarantee for domestic appliances, electronics and for many types of repair work. However, a guarantee is always a voluntary benefit, which is also a means of marketing: a consumer has more trust in a product for which a guarantee is given. Because a guarantee, by law, must be an additional benefit, it must actually give the purchaser more than the statutory right to compensation. A guarantee and the statutory right to get a defect repaired are often confused with each other. The guarantee period is often treated as the same as the seller's period of liability for defects. The seller may tell a purchaser complaining about a defect that the repair will not be carried out or the defect otherwise compensated for because the guarantee period has ended. If a product breaks after the guarantee period, the normal life for the product often has to be considered. By law the consumer is entitled to expect that with normal use a product will last for its expected life. However, this does not automatically mean that if, for example, the expected life of a domestic appliance is 10 years, the firm must bear responsibility for all repair costs during this period. The nearer to the date of sale and the longer the expected life of the product, the more likely it is that the product was already originally defective, and the seller must, at the very least, participate in the repair costs. A guarantee does not usually cover defects that are due to the consumer s misuse. If the seller suspects as much, it is the seller s duty to show, during the guarantee period, sufficient evidence that the defect is due to misuse.