Product Warranty
Justiciability In Nigeria:
- Myth Or Actuality

Product Warranty In Nigeria; Justiciability- Myth Or Actuality

Author: O. M. Atoyebi S.A.N Contributor: Sogo Emmanuel Clinton

April 11, 2022
9:38 am

In Nigeria, a few commitments are forced by regulation on producers, or merchants of items and risk might emerge where such people or associations break any of such inferred commitments. Such commitment might incorporate an inferred guarantee of merchantability of the item produced or sold. Along these lines, where the item sold ends up being deficient or unsuitable for a reason, the producers will naturally become responsible to the purchaser despite that parties did not enter into an express agreement with respect to the merchantability of the item; this is on the grounds that the law infers and credits this commitment on the producer or seller of the item in such manner.

This disquisition seeks to explore the practical and legal framework of manufacturer warranty in Nigeria, vis-à-vis the obligation of parties to a product warranty agreement, and how best their rights can be enforced when a breach occurs. Albeit, we must first decipher the concepts that form the crux of our discourse before proceeding further.

SIMPLIFYING THE CONCEPTS

The significance of the investigation of concepts engaged in any field of conversation is vital. Naturally, words can do more than one understanding. Therefore, it is important to put a remarkable watchword to be utilized in this article in a clear setting, remembering that words are not instruments of numerical accuracy. Some of the concepts are:

Justiciability:

It overtly attempts to contextualize the employment of judicial authority^[1]. Justiciability concerns the cutoff points upon legitimate issues, over which a Court can exercise its legal authority. It includes, yet is not restricted to, the lawful idea of standing, which is utilized to decide whether the party bringing the Suit is a party proper, to laying out whether a cause of action exists.

Warranty:

A warranty is a kind of assurance that a producer makes with respect to the state of its item. It additionally alludes to the terms and circumstances, wherein fixes or repairs will be made in the event that the item does not work as initially portrayed or expected. Put differently, it is an affirmation or surety by a manufacturer that a specific proclamation of truth on its product is valid, and might be depended upon by a Consumer.

These assurances that speak to the quality and unproblematic enjoyment of the purchased items are not overarching or broadly blanket, as the obligations they impose on some parties are terminated by the effluxion of time and the occurrence of certain events. Warranties may exist and operate under such forms as Express, Implied, Extended and Special Warranty Deeds.^[2]

It is important to note that the benefits of warranties are not automatically applicable, as they may only pertain to items that did not suffer improvements or transformations by the owners. Also, items that are covered by these guarantees may not experience these unintended outcomes, due to negligence or contributory mistake of the consumers^[3].

SIMPLIFYING THE CONCEPTS

DISTINGUISHING WARRANTY FROM GUARANTEE

From a solely legal perspective, a distinct dissimilarity between a warranty and a guarantee is non-existent, as these terms are often used interchangeably to describe similar occurrences within a transaction^[4]. However, there are still some divergent differences that are noteworthy, and they are delineated thus;

Mode of Repair

The term ‘guarantee’ is associated with a complete refund or substitution of the product itself, whereas a warranty often refers to specific repairs and maintenance to be rendered concerning the product in question. Quite predictably, therefore, a guarantee is generally considered better than a warranty because of the benefits attached to it.^[5]

Product Type

Warranties are usually given for products that are known to have constant breakdowns, while Guarantees are given to products that are unlikely to break down.

Legal Obligations

Generally, a guarantee is an agreement devoid of further consideration for its issuance, but a warranty is legally binding and may be adduced as a valid document to further a legal claim against a manufacturer, where the assured claims fall short of the stated quality^[6].

ARE PRODUCT WARRANTIES LEGALLY BINDING?

A warranty is ultimately a lawfully obligatory agreement that is an integral part of the sales contract, and it exists to assuage various concerns of the buyer. It is a tool employed to build trust and encourage consumerism without distrust, as further assurances as to the promised condition of the product, are given with legal recourse or remedial steps available to cure any anomaly as to the stated conditions. A warranty is known to provide for stated remedies, which may include restoration and or replacement if the unintended event that the product or duty, falls short of the assurances expressed in the warranty.

In commercial transactions, a warranty is a binding affirmation by a party to the corresponding party, that specific certainties or conditions are credible or will ensue. The party who agrees to purchase the product upon these assurances may seek legal recourse to enforce the ensuing rights occurring from its issuance. Admittedly, to rely on the warranty and pursue legal remedy upon the breach of these conditions is a nuanced endeavour^[7].

LIABILITIES AND OBLIGATIONS OF PARTIES TO A PRODUCT WARRANTY

A warranty is largely a written, legally binding guarantee issued by a seller to a buyer about particular claims usually to the general condition and quality of an item.^[8] By this definition, we may easily glean that the parties to a product warranty include the seller and a buyer or consumer.

A consumer may be defined as a person who;

Purchases or offers to purchase goods other than for resale, but does not include a person who purchases any goods to use them in the production or manufacture of any other goods or articles for sale; or
To whom service is rendered.^[9]

A seller, may be a supplier or retailer and by the definition of the Federal Competition and Consumer Protection Act, 2018, refers to a person who supplies goods and services to another person, and also to a person who sells goods or services to the consumer^[10].

The Federal Competition and Consumer Protection Act, 2018, unequivocally states that the consumer is owed a duty and thus, an enforceable right to services executed in such fashion and quality that “reasonable” persons are naturally conditioned to expect^[11]. In matters of the quality of goods, the Act states that consumers have a right to products that are of satisfactory quality, in pristine working conditions, and free from unfavourable deficiencies. Thus, may conform with relevant standards set by the regulator within that sector. Furthermore, Implied warranties which are often trivialized within the scope of the various transactions are deemed sacrosanct, and all parties must kowtow to the relevant standards as to quality reflected in the Federal Competition and Consumer Protection Act, 2018. An unsatisfied customer has the right to return the goods within the prescribed period for manifest inconsistencies opposed to the guarantees stated.

PRODUCT WARRANTY RIGHTS, HOW ENFORCED?

It is pertinent to note that warranties form a crucial part of a whole, as they are an important annexure to a contract of sale for goods, and as such, may be enforced by the commencement of civil actions against the correct parties forthwith.

To this end, the Federal Competition and Consumer Protection Act, 2018, is the primary legislation that attempts to oversee and secure the rights of consumers in Nigeria. The Federal Competition and Consumer Protection Commission is mandated by the foregoing Act, to perform various functions that are in broad terms, robust protection of consumer rights, and the purview of their mandate intersects with the assurances given as to the quality of products and services^[12].

Also, a Buyer of a particular product that has endured misfortune, injury or harm because of the utilization of any item can submit a complaint about the review through a state board. Upon examination, assuming it is laid out that the Buyers’ right has been breached which has caused injury or misfortune to the buyer, the Board might make such move as it considers significant, notwithstanding the right of the Buyer to seek redress in a Court of competent jurisdiction. The Act accordingly gives alleviation that is supplemental to review.[13]

Product Warranty In Nigeria; Justiciability- Myth Or Actuality

CONCLUSION

This cursory inquiry into the nature and consequence of these identical concepts, which form the bedrock of the legal rights accruing to even the most basic commercial transactions, is an undertaking to pointedly note the ramifications of the assurances given, as to the quality of a purchased item.

This attempt to give a concise description of the legal nature of these concepts is done to improve the general perception of all and sundry, on the willingness of the Courts to provide remedial relief in the event of inevitable disputes between parties.

^[1]Legal Information Institute, ‘Justiciability’<https://www.law.cornell.edu/wex/justiciability#:~:text=Justiciability%20refers%20to%20the%20types,the%20court%20cannot%20hear%20it> Accessed on 15^th March 2022

^[2] Ibid

^[3] Ibid

^[4] Consumer Advocacy Foundation of Nigeria, ‘Guarantee and Warranty’ (2018)<http://www.cafon.org.ng/guarantee-warranty/> Accessed on 18^th March 2022

^[5] Ibid

^[6] Ibid

^[7]Stimmel Stimmel & Roeser, ‘The Basics of Warranties’<https://www.stimmel-law.com/en/articles/basics-warranties>Accessed on 14th March 2022

^[8]Up Counsel, ‘The Difference Between Condition and Warranty in Contract Law’ <https://www.upcounsel.com/difference-between-warranty-and-condition-in-contract-law#what-is-a-warranty>Accessed on 15th March 2022

^[9] Federal Competition and Consumer Protection Act, 2018 s167 (1) a-b

^[10] Federal Competition and Consumer Protection Act, 2018 s167

^[11] Ibid

^[12] Ibid

[13] Section 39(2),Section 47(1) Federal Competition and Consumer Pretection Act, 2018

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