Guarantee Period

Guarantee Period 

in civil law:

(1) The period of time within which a buyer who has detected hidden deficiencies in a product (merchandise) may lay claims against the supplier (seller).

(2) The period of time for which the producer guarantees the stability of the quality indexes of the article.

In the USSR the establishment of guarantee periods is one of the most important measures to heighten the quality, increase the reliability and durability, and obtain much use from products. Using guarantee periods for industrial products is a widely accepted and growing practice. For products of long use and durability, guarantee periods have been established by government standards (GOST) or technical standards. If guarantee periods for any product have not been provided for by GOST or the technical standards, the contracting parties may agree independently on their own guarantee periods; they may also agree in the contract on longer guarantee periods than those of GOST or the technical standards.

The guarantee period usually runs from the moment the producer hands the product (merchandise) over to the user. The guarantee period of consumer goods sold through retail commercial organizations runs from the day of retail sale. The establishment of guarantee periods for the wear of some products allows for an extension of the general time limit to establish those faults of the merchandise that cannot be discovered in normal use. The use of guarantee periods widens the possibility for claims and suits for redressing deficiencies or exchanging merchandise. The supplier (producer) is liable to correct free of charge the deficiencies of the product for which a guarantee period had been established or to exchange it, unless he can prove that the deficiencies resulted from the buyer’s disregard of the rules of using or preserving the product.

E. G. POLONSKII