Consumer Product Warranty and Liability
Financial and Consumer Services Commission
The Financial and Consumer Services Commission administers the Consumer Product Warranty and Liability Act.
The Consumer Product Warranty and Liability Act allows consumers to seek a remedy when a consumer product does not meet reasonable expectations. The Consumer Product Warranty and Liability Act applies to any consumer product supplied by anyone who supplies goods – whether as dealer, retailer, wholesaler, manufacturer, producer, processor, importer or other distributor. The legislation does not apply to private sales when buying from someone who is not in the regular business of selling consumer products.
No licence is required under the Consumer Product Warranty and Liability Act.
The Consumer Product Warranty and Liability Act protects the end consumer and gives dealers extensive protection against their own suppliers, putting the legal responsibility back to the source of the problem.
Under the Consumer Product Warranty and Liability Act, consumers rights are based on two types of warranties:
Express warranties are the promises or statements made by a distributor that you rely on when making your purchase decision. These promises or statements can be verbal or written in contracts, or written on product packaging, signs or other accompanying product documents.
Implied warranties cover title, quality, and fitness for purpose. They apply in every case regardless of whether the distributor promises or says anything. The distributor is not normally responsible for defects that are known to you or disclosed to you before the contract is made. If you are purchasing a used product, and have examined it before purchase, the distributor would not be responsible for any defects that your examination should have revealed.
If a product falls short of reasonable expectations, you can typically request a repair, replacement, or refund from the distributor; but in New Brunswick, sellers are not required to offer refunds, returns, or exchanges if a consumer changes their mind.
The Consumer Product Warranty and Liability Act is enforced through the courts where a judge ultimately decides how the Act should be applied in each case. To learn more about the types of transactions covered, and tips for making an effective complaint, visit the related links below.