Article 85Supplement v1, p. 85

COMMERCIAL LAWS SUPPLEMENT

c) that the consumer or a third party is solely at fault.

ARTICLE 98. Liability of Tradesman or Seller . — The

tradesman/seller

is

likewise

liable,

pursuant

to

the

preceding article when:

a) it is not possible to identify the manufacturer, builder,

producer or importer;

b) the product is supplied, without clear identification of

the manufacturer, producer, builder or importer;

c) he does not adequately preserve perishable goods. The

party

making

payment to the damaged party may

exercise the right to recover a part of the whole of the

payment made against the other responsible parties, in

accordance with their part or responsibility in the cause

of the damage effected.

ARTICLE 99. Liability for Defective Services . — The service

supplier is liable for redress, independently of fault, for

damages caused to consumers by defects relating to the

rendering of the services, as well as for insufficient or

inadequate

information on the fruition and hazards

thereof.

The service is defective when it does not provide the

safety the consumer may rightfully expect of it, taking the

relevant circumstances into consideration, including but

not limited to:

a) the manner in which it is provided;

b)

the

result

of

hazards

which

may reasonably be

expected of it;

c) the time when it was provided.

A service is not considered defective because of the use

or introduction of new techniques.

The supplier of the services shall not be held liable when

it is proven:

a) that there is no defect in the service rendered;

b) that the consumer or third party is solely at fault.

ARTICLE

100.

Liability

for

Product

and

Service

Imperfection . — The suppliers of durable or non-durable

consumer products are jointly liable for imperfections in

quality that render the products unfit or inadequate for

consumption for which they are designed or decrease

their value, and for those resulting from inconsistency

with

the

information

provided

on

the

container,

packaging, labels or publicity messages/advertisement,

with due regard to the variations resulting from their

nature, the consumer being able to demand replacement

to the imperfect parts.

If the imperfection is not corrected within thirty (30) days,

the consumer may alternatively demand at his option:

a) the replacement of the product by another of the same

kind, in a perfect state of use;

b) the immediate reimbursement of the amount paid,

with monetary updating, without prejudice to any losses

and damages;

c) a proportionate price reduction.

The parties may agree to reduce or increase the term

specified in the immediately preceding paragraph; but

such shall not be less than seven (7) nor more than one

hundred and eighty (180) days.

The

consumer

may

make

immediate

use

of

the

alternatives under the second paragraph of this Article

when by virtue of the extent of the imperfection, the

replacement of the imperfect parts may jeopardize the

product quality or characteristics, thus decreasing its

value.

If

the

consumer

opts

for

the

alternative

under

sub-paragraph (a) of the second paragraph of this Article,

and replacement of the product is not possible, it may be

replaced by another of a different kind, mark or model:

Provided , That any difference in price may result thereof

shall be supplemented or reimbursed by the party which

caused the damage, without prejudice to the provisions

of the second, third and fourth paragraphs of this Article.

ARTICLE 101. Liability for Product Quantity Imperfection .

— Suppliers are jointly liable for imperfections in the

quantity of the product when, in due regard for variations

inherent thereto, their net content is less than that

indicated

on

the

container,

packaging,

labeling

or

advertisement, the consumer having powers to demand,

alternatively, at his own option:

a) the proportionate price

b) the supplementing of weight or measure differential;

c) the replacement of the product by another of the same

kind, mark or model, without said imperfections;

d) the immediate reimbursement of the amount paid,

with monetary updating without prejudice to losses and

damages if any.

The provisions of the fifth paragraph of Article 99 shall

apply to this Article.

The immediate supplier shall be liable if the instrument

used

for

weighing

or

measuring

is

not

gauged in

accordance with official standards.

ARTICLE 102. Liability for Service Quality Imperfection . —

The service supplier is liable for any quality imperfections

that render the services improper for consumption or

decrease

their

value,

and

for

those

resulting

from

inconsistency with the information contained in the offer

or

advertisement,

the

consumer

being

entitled

to

demand alternatively at his option:

a) the performance of the services, without any additional

cost and when applicable;

b) the immediate reimbursement of the amount paid,

with monetary updating without prejudice to losses and

damages, if any;

c) a proportionate price reduction.

Reperformance of services may be entrusted to duly

qualified third parties, at the supplier's risk and cost.

Improper

services

are

those

which

prove

to

be

inadequate for purposes reasonably expected of them

and those that fail to meet the provisions of this Act

regulating service rendering.

ARTICLE 103. Repair Service Obligation . — When services

are provided for the repair of any product, the supplier

shall be considered implicitly bound to use adequate,

new, original replacement parts, or those that maintain

the

manufacturer's

technical

specifications

unless,

otherwise authorized, as regards to the latter by the

consumer.

ARTICLE 104. Ignorance of Quality Imperfection . — The

supplier's ignorance of the quality imperfections due to

inadequacy of the products and services does not exempt

him from any liability.

ARTICLE 105. Legal Guarantee of Adequacy . — The legal

guarantee of product or service adequacy does not

require an express instrument or contractual exoneration

of the supplier being forbidden.

ARTICLE 106. Prohibition in Contractual Stipulation . —

The stipulation in a contract of a clause preventing,

exonerating or reducing the obligation to indemnify for

damages effected, as provided for in this and in the

preceding Articles, is hereby prohibited, if there is more

than one person responsible for the cause of the damage,

they shall be jointly liable for the redress established in

the pertinent provisions of this Act. However, if the

damage is caused by a component or part incorporated

in the product or service, its manufacturer, builder or

importer

and

the

person

who

incorporated

the

component or part are jointly liable.

ARTICLE 107. Penalties . — Any person who shall violate

any provision of this Chapter or its implementing rules

and regulations with respect to any consumer product

which is not food, cosmetic, or hazardous substance shall

upon conviction, be subject to a fine of not less than Five

© Compiled by RGL

85 of 203