Objective Criteria for Consumer Issues

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This page gives some examples of objective criteria to settle consumer problems. In a legal problem like this, there are several standard distributive issues. For each issue, different criteria may be used in different countries and in different systems (local practice, informal justice, official justice system). For now, we concentrate on the issues in case the consumer has complaints about the quality of the goods or services. Later, other issues may be added (time of delivery, personal injury because of malfunctioning products or services, damage to property).

Contents

[edit] Establishing What Customer may expect?

What may the client expect in relation to the quality of the good or services?

[edit] General Conformity Rules

  • Fitness for normal use, fitness for specific use known to the seller; qualities advertised by the seller and communicated in other ways (specifications). (Netherlands, Country B, C)

[edit] Information about risks

  • Information about risks connected to the use: (formula odds risk versus expected damage).

[edit] After Sales Service

Generally, the following may be expected

  • Etc.

[edit] Establishing whether the Product or Service met the Expectations

  • Customer has to show the product or service did not work in conformity with expectations (Country C, D, E)

[edit] Contribution of Non-Normal Use by Customer

[edit] Responsibility of Seller and Customer

If the quality problem is due to non-normal use by the customer, the seller is:

  • Not responsible anymore (Country A, B).
  • The responsibility will be divided according to the contribution to the quality problem of the seller and the consumer (Country C, Country D).

[edit] If Contribution by Conduct Customer Can Not be Established?

  • Customer has to convince court of normal use (Country A, B)
  • Seller has to convince court of non-normal use (Country C, D)
  • Consequences of uncertainty are distributed over both parties in accordance with the likelihood of each cause (Country E, F)

[edit] Contribution to Unrealistic Expectations by Customer

Many times, the quality problem that is experienced is caused by unrealistic expectations of the customer which are partly formed by insufficient information about the product or service by the seller. Which damage sharing rules do apply then?

  • According to contribution to unrealistic expectations (Country E, F, G).
  • Etc.

[edit] Quality Deterioriation During Life Time

[edit] Expectations Regarding Lifetime of Goods

Fitness for normal use is connected to the normal lifetime of a product or service.

[edit] Houses

  • 20 years

[edit] White Goods

Washing machines, etc.

  • 6 years

[edit] Consequences of Quality Problems During Lifetime

  • During lifetime 100% seller; thereafter 100% customer.
  • During explicit guarantee period 100% seller; thereafter 100% customer
  • During explicit guarantee period 100% seller; thereafter in lifetime 100% seller if customer proves normal use; thereafter 100% customer.
  • Gradual approach: first half of lifetime 100% seller; third quarter of lifetime 70% seller; fourth quarter of lifetime 40% seller; (Country G, H, I)
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