You are on page 1of 3

ARTICLE WHO ARE WHEN LIABLE WHEN NOT LIABLE REMEDY

LIABLE
LIABILITY FOR - Manufacturer Damages caused to consumers by defects resulting from: - A product is NOT considered defective Liable for redress
DEFECTIVE - Producer 1. Design 2. Manufacture when another better quality product has
PRODUCTS - Importer 3. Construction 4. Assembly and erection formulas been placed in the market
5. Handling and making up presentation or packing of
their products - The MBPI shall NOT be liable when its
6. Insufficient or inadequate information on the use and evidences:
hazards thereof 1. That it did not place the product in
the market
NOTE: 2. That although it placed the
Defective product when it does not offer the safety product in the market, the product
rightfully expected of it, taking relevant circumstances into has no defect
consideration including: 3. The consumer or third party is
1. Presentation of the product solely at fault
2. Use and Hazards reasonably expected of it
3. Time it was put into circulation
LIABILITY OF Tradesman 1. It is not possible to identify the MBPI The party making payment to the damaged
TRADESMAN 2. The product is supplied without clear identification party may experience the right to recover the
OR SELLER of the MBPI part of the whole of the accordance with their
3. He does not adequately preserve perishable goods part or responsibility in the cause of damage
effected
LIABILITY Service Supplier 1. Defects relating to the rendering of the service - A service is NOT considered defective
OF 2. Insufficient or inadequate information of the fruition or because of the use or introduction of new
DEFECTIVE hazards thereof techniques
SERVICES
NOTE: - The service supplier shall NOT be liable
Defective Service When it does not provide the when it is proven:
safety the consumer may rightfully expect of it, taking 1. There is no defect in the service
relevant circumstances into consideration including: rendered
1. Manner in which it was provided 2. That the consumer or third party
2. Result of hazards which may be reasonably is solely at fault
expected of it
3. Time when it was provided

LIABILITY FOR Suppliers of Imperfection in quality that render the products: If the imperfection is not corrected within 30
PRODUCT AND durable or non- 1. Unfit or inadequate for consumption for which DAYS, the consumer may ALTERNATIVELY
SERVICE durable they are designed demand at his option:
IMPERFECTION consumer 2. Decrease their value 1. Replacement of the product by
products 3. Those resulting from inconsistency with the another of the same kind, in a perfect state
are jointly liable information provided in the container, of use
packaging, labels or publicity 2. Reimbursement of the amount paid, with
messages/advertisement monetary updating, w/o prejudice to any
losses and damage
3. Proportionate price reduction
NOTE:
- Parties may agree to reduce or increase the
term, but it shall not be less than 7 days nor
more than 180 days
- If replacement is not possible ! replace with
different kind, mark or model + reimburse
difference in price
LIABILITY Suppliers are The net content is less than that indicated on the - The supplier shall NOT be liable when it is The consumer having powers to demand,
FOR PRODUCT jointly liable container, packaging, labeling or advertisement proven: alternatively, at his option:
QUANTITY 1. There is no defect in the service 1. The proportionate price
IMPERFECTION NOTE: rendered 2. Supplementing of weight or measure
- Immediate Supplier Liable if the instrument used for 2. That the consumer or third party is solely differential
weighing or measuring is not gauged in at fault 3. Replacement of the product by
accordance with official standard another of the same kind, mark or
model, w/o said imperfection
4. Reimbursement of the amount paid,
with monetary updating w/o prejudice
to losses and damages if any

LIABILITY FOR Service Quality imperfection that render the service: The consumer having powers to demand,
SERVICE Supplier 1. Improper for consumption alternatively, at his option:
QUALITY 2. Decrease their value 1. The performance of the service, w/o
IMPERFECTION 3. Those resulting from inconsistency with the additional cost and when applicable
information contained in the offer or 2. Reimbursement
advertisement 3. Proportionate price reduction

NOTE: NOTE:
Improper service Those which prove to be Reperformance of services may be entrusted to
inadequate for purposes reasonably expected of them duly qualified third parties at the suppliers risk
and those that fail to meet the provisions of this act and cost
regulating service rendering

REPAIRS Supplier Supplier is implicitly bound to use:


SERVICE 1. Adequate
OBLIGATION 2. Original
3. New Replacement Part
4. Those that maintain the manufacturers technical specification

E: Otherwise authorized as regards to the letter by the consumer


IGNORANCE OF Supplier X exempt him from liability
QUALITY
IMPERFECTION

LEGAL X require express instrument or contractual exoneration of the supplier being forbidden
GUARANTEE
OF
ADEQUACY
PROHIBITION - The stipulation in contract of a clause preventing, exonerating or reducing the obligation to indemnify for damages effects, as provided for in the
IN preceding articles = PROHIBITED
CONTRACTUAL
STIPULATION -If there is more than one person responsible for the cause of the damage = jointly liable for redress
PENALTIES Any person who violates with respect to any consumer product which is NOT food, cosmetics or hazardous substance shall UPON CONVICTION be subject
-If the damage is caused by component or part incorporated in the product or service ! its MBI and person who incorporated the component or part =
to:
jointlyFine
1. liable
of not less than 5k
2. Imprisonment of not more than 1 year or BOTH