How to differentiate a contractual guarantee of a legal guarantee?
As a consumer it is our interest to differentiate a commercial or contractual guarantee of warranty. This article will help you make sense of things.
First, it is important to note that commercial and contractual warranty depends on the mere will of the trader. In other words, the law leaves it to the discretion to define the contours of it. Thus, the trader mentions the subject of the guarantee, its duration and its implementation.
By cons, a guarantee is called legal if the legislature regulates specifically through a code. To this end, we can cite the Consumer Code which regulates the defect warranty compliance to the attention of any consumer. Similarly, the Civil Code regulates the implied warranty.
In any case, it is important to know that the trader will in no case substitute a legal guarantee by a contractual guarantee. Therefore, a commercial guarantee can only strengthen the legal guarantee of the consumer. For this purpose, the writing will be obligatory so that a contractual warranty can be valid.