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UAE: Is it mandatory for seller to replace faulty product if it breaks down multiple times?

A KT reader wants to know what can be done in the situation that the seller keeps repairing the product instead of replacing it

Question: How do product guarantees/warranties work in the UAE? I bought a laptop recently. It broke down multiple times. And each time, the seller just repaired it and gave it back. However, it is obvious that the product is defective and needs to be replaced. How do I make the seller replace it?

Answer: In the UAE, when a seller of a product enters into a deal or contract with a customer, they are obligated to provide a customer with an invoice that includes specific details like the seller’s contact information, the date of the transaction, description of the item or service, quantity, price, warranty information, and more. Additionally, if there's a warranty, it needs to be provided either with the invoice or separately. This is in accordance with Article 6 of the Cabinet Resolution No. 66 of 2023 Concerning the Executive Regulation of Federal Law no 15 of 2020 on consumer protection.

Also, if a product is purchased within the period of warranty then the seller is required to fulfil the warranty terms, provide necessary spare parts and maintenance, replace faulty goods, or refund their value within a set timeframe. This is outlined in Article 10 (1) of the Federal Law No. 15 of 2020 On Consumer Protection.

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“The supplier shall implement all warranties, provide the required spare parts and maintenance, replace the good, or refund its monetary value, and commit to after-sales service as regards the sold goods, within the specified time limit.”

The term warranty is defined as: “A written or implicit declaration from the provider or the representative thereof that the commodity or the service of the warranty is free from defects or flaws and complies with the standard specifications and that they undertake to repair any flaw or defect occurring to the commodity, re-provide the service or replace the commodity within a specific period.” This in accordance with Article 1 of the UAE Consumer Protection Law.

Additionally, as the laptop had multiple breakdowns not result from your action, then it is assumed that the product is defective. In case a malfunction is detected in a product, a supplier shall repair or replace the same. This is provided under Article 12 of the UAE Consumer Protection Law.

“In the event that a malfunction is found in the good or service, the supplier shall repair or replace the same, return the good and refund its price, or re-perform the service without charge, in accordance with what is specified by the implementing regulation of this law.”

The term malfunction is defined as “everything that affects the good after its production or the service after its provision, which may lead to harm the consumer or deprive him in whole or in part of benefiting therefrom, provided that the malfunction has not resulted from the action of the consumer.” This is provided under Article 1 of the UAE Consumer Protection Law.

The provider must adhere to the warranty for the service provided for a reasonable period, determined by either the nature of the service or the agreed duration with the consumer, whichever is longer. Failure to meet this obligation gives the consumer certain options: they can either receive a full refund if the service wasn't provided or was unsuccessful, a partial refund if they partly benefited from the service, or request the provider to redo the service correctly as per the contract in accordance with Article 13 of the Cabinet Resolution no. 66 of 2023 Concerning the Executive Regulation of Feral Law no. 15 of 2020 reads as:

1. The provider shall comply with the warranty of the service provided to the consumer for a reasonable period, commensurate with the nature of the service or the duration agreed upon with the consumer, whichever is longer. If the provider fails to fulfil this obligation, the consumer shall be entitled to select from the following options:

a. Refund the full price in the event of non-implementation of the service or failure to implement it;

b. Refund part of the price to the extent of benefiting from the service or in return for what compensates for the lack of service; or

c. Re-performance of the service by the provider in the correct manner and the contracted form.”

Based on the aforesaid provisions, you may approach the seller and state that the laptop purchased from the seller is defective. If the seller refuses to replace the laptop or refund the amount, you may initially file a complaint with the Consumer Protection section at the Department of Economic Development in the emirate where you reside, or where you purchased the laptop.

If there is no amicable settlement, you may register a case against the seller in the court which has jurisdiction in the UAE, claiming relevant monetary compensation. It is advisable that you keep all records of the repairs and communications with the seller as evidence to support your case.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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