THE WARRANTY CERTIFICATE UNDER THE NEW CONSUMER PROTECTION LAW (JULY 2014)

The Regulation on Warranty Certificate (“Regulation”) foresees the goods which is obliged to sell with the warranty certificate. It has been regulated under the article 56 and 84 of the new Consumer Protection Law numbered 6502 ("new CPL"). The Regulation on Warranty Certificate has been published in the Official Gazette on 13.06.2014 and has entered into force on same date. 

According to Article 5 of the Regulation the goods which shall be sold the consumers with the warranty certificate has been defined in details. Pursuant to this article, the producers and importers are obliged to issue the warranty certificate for the brand new goods defined in the attached List of the Regulation. The goods which are obliged to sell with the warranty certificate are classified according to the Regulation. As per Article 6 of the Regulation guarantee period initiates from the delivery of the goods to the consumer. The minimum guarantee period of the product being stated in each class is regulated under the List attached there to.  

Pursuant to the new Regulation the warranty certificate is not obliged to be approved by Ministry of Customs and Trade as compared to the annulled Regulation. Thus, the warranty certificate which does not have approval of the Ministry is still valid. 

In accordance with the Article 7 of the Regulation, compulsory information which should be included in the warranty certificate is as follows;

a. Title, address, telephone number and other contact information of the producer and importer company and signature and stamp of authorized person of the company, 
b. Title, address, telephone number, other contact information and signature and stamp of the seller,
c. Date and number of the invoice,
d. Type, brand, model and if any banderol and serial number of the product,
e. Place and date of delivery of the goods,
f. Guarantee period,
g. Maximum repair period,
h. The information that whole product, including all parts, is under warranty during guarantee period,
i. The information related with the alternative rights of the consumers as per Article 11 of the new CPL,
j. The information related with misuse,
k. The information related with the consumers can apply their complaints and objections to Arbitration Committee for Consumer Problems and the Consumer Court ,
l. If any other rights have been provided to the consumers.  

The date and number of the approval of the Ministry is no more a requisite in warranty certificate when we compared with the annulled Regulation. The compulsory information which should be provided in the warranty certificate resembles the annulled Regulation. Pursuant to Regulation, the warranty certificate should include the information regarding the alternative rights of the consumer and the legal remedies which are provided consumers. Consequently, we can say that the new CPL and Regulation provide more comprehensive protection to the consumers.