Warranties

When making a purchase from a retailer, the consumer should know that there are three types of warranties that will or may apply to the consumer product that is being purchased.  These are specifically known as statutory, express and additional written warranties.

For information about warranties select from the options below.

 

• Who do the warranty rules apply to
• Products covered
• Statutory “automatic or minimum” warranties
• Express warranties
• Additional written warranties
• Exceptions
• What to do if you have an issue – remedies
• Breaches of warranty
• Substantial character

 

Who do the warranty rules apply to

• Consumers
• Family farms
• Nonprofit organizations

For purposes of the warranty provisions found in The Consumer Protection and Business Practices Act, a “consumer” means a person who acquires a consumer product from a retail seller, and includes a non-profit organization that has objects of a benevolent, charitable, educational, cultural or recreational nature.  The definition excludes a person who acquires a consumer product for the purpose of resale, or who intends to use the product predominantly for business purposes.

The rules do not apply if the intent is to re-sell the product or the product will be used for business purposes.
 

Products covered

• Goods ordinarily used for personal, family or household purposes, including those installed on real property; and
• Goods bought for agricultural or fishing purposes.

It does not include farm equipment that is governed by The Agricultural Implements Act.
 

Types of Warranties

Statutory “automatic or minimum” warranties

Statutory warranties are warranties required by law and are the “minimum warranties” retailers must offer with the sale of most consumer products.

Under a statutory warranty, a retailer must:

• make sure there are no liens on the product, or expressly disclose to the consumer that there is a lien prior to purchase;
• make sure the product fits its description;
• make sure the product is of acceptable quality except if:
  A) there were product defects that the consumer knew about before purchasing; or
  B) the customer examines the product before a sale is made and accepts the defects in the product that the retailer did not make known originally;
• make sure the product is fit for the intended purpose or for any particular purpose the consumer outlines. A warranty will not be given if;
  A) the consumer does not rely on the retailer’s judgement; or
  B) it is unreasonable for the consumer to rely on the retailer’s judgement;
• in the case of buying a large quantity of a product that has a sample:
  A) ensure that the bulk of the product is the same as the sample;
  B) ensure that the consumer has an opportunity to compare the product with the sample; and
  C) ensure that the product is free from any defect that would render it unacceptable;
• make sure the product has all its required parts;
• make sure the product will be durable for a reasonable amount of time; and
• if the product requires regular repairs, ensure that spare parts and repair facilities will be made available for a reasonable period of time after the purchase.

 

Express warranties

Express warranties are expressions of promise or opinion about the quality, quantity, condition, performance or efficacy of a consumer product. Some examples of express warranties are: a promise (or any action that can reasonably be interpreted as a promise), representation, an affirmation of fact or expression of opinion. Statements normally become express warranties if the promise or expression is intended to encourage a consumer to buy the product.

Additional written warranties

Additional written warranties (that is, those offered over and above the minimums) are written contracts by a warrantor stating that they will take action if a consumer’s product breaks down. This generally includes repairing the product, replacing the product, or offering a refund.
 

Exceptions

The warranty provisions listed above are subject to some limitations and/or exceptions (including those for second-hand dealers), so ensure that you review the relevant sections of The Consumer Protection and Business Practices Act.  You may also contact the Consumer Protection Division for further information.
 

Remedies - What to do if you have an issue

Suppliers or retailers are required to remedy the situation if something happens to your product and it falls under the warranty provisions.  

The options available to the supplier include offering a refund or repairing or replacing the product. The option available to the consumer depends on the type of breach and warranty. See Breaches of Statutory or Express Warranties below.
 
If you cannot resolve the issue with the retailer, contact the Consumer Protection Division at 1-877-880-5550 or consumerprotection@gov.sk.ca.

If the supplier refuses to address the issue, the consumer will need to pursue the matter through the courts.

 

Breaches of Statutory or Express Warranties

Breaches that can be remedied and are not of substantial character

If the product does not meet the warranty standards above, and the defect or breach is not of substantial character (as the term is defined below), the manufacturer or retailer shall, within a reasonable period, remedy the issue free of charge to the consumer. If the issue has not been remedied within a reasonable period, the consumer is entitled to have the situation remedied elsewhere and all reasonable costs incurred in having the issue remedied will be paid by the manufacturer or retailer. 

The consumer is also entitled to recover damages for losses that he or she has suffered and that were reasonably foreseeable as the result from the situation regardless of whether it was remedied.

Breaches that cannot be remedied or are of substantial character

If the issue is of a substantial character or is not remediable, the consumer, at his or her option, may exercise the remedies above or may reject the consumer product.

If the consumer exercises his or her right to reject, he or she is entitled to recover the purchase price from the manufacturer or retailer and recover damages for any other losses that he or she has suffered and that were reasonably foreseeable.

The consumer shall exercise his or her right to reject the consumer product within a reasonable period of time, except where the consumer delays the exercise of his or her right to reject because they relied on assurances made by the manufacturer or retailer or the party’s agent that the breach would be remedied and the breach was not remedied.

“Breach of substantial character” means:
(i) that a consumer product, or the level of performance of the retail seller or manufacturer of a consumer product, departs substantially from what consumers can reasonably expect, having regard to all relevant circumstances of the sale of the product, including:
(A) the description of the product;
(B) its purchase price;
(C) the statutory warranties and express warranties of the retail seller or the manufacturer of the product; or
(ii) that a consumer product is totally or substantially unfit for all the usual purposes of that product or for any particular purpose for which, to the knowledge of the retail seller, the product is being bought.

Breaches of additional written warranties

If a consumer makes a valid claim under an additional written warranty for repair or replacement of a consumer product and the warrantor does not, within a reasonable period after the claim is made, perform the repair or replacement in accordance with the terms of the additional written warranty, the consumer is entitled to:

• have the defect remedied elsewhere; and
• recover reasonable repair costs from the warrantor as well as damages for losses that the consumer suffered that were reasonably foreseeable as a result of the failure of the warrantor to honour the warranty.

As a best practice, before insisting on a remedy ensure that you review the relevant sections of The Consumer Protection and Business Practices Act. For more information, you may contact the Consumer Protection Division of the Financial and Consumer Affairs Authority at consumerprotection@gov.sk.ca or by calling 1-877-880-5550.