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How can the warranty period and level of consumer protection be determined (Indonesia)

Manufacturers, retailers and sellers are responsible for the quality and fitness of the goods they provide for consumers. Therefore it is necessary to set out warranty periods and reasonable level of consumer protection in case of defective goods.

Country

Indonesia

What challenges does it focus on?

Establishing a reasonable level of consumer protection and warranty periods in Indonesia.

Short summary

Every product has its shelf life or expiration date. It means that there is a reasonable period of time during which goods should serve properly and the owner may enjoy all its functions. However, sometimes goods do not have necessary qualities immediately after purchase or after a short period of usage.

Under section 55 of the Consumer Protection Act, a consumer has the right to receive goods that:

  • are reasonably suitable for the purpose for which they are generally intended;
  • are of good quality, in good working order and free from any defects;
  • will be usable and durable for a reasonable period of time (six months), considering their normal use and all the surrounding circumstances of their supply; and
  • comply with any applicable standards set under the Standards Act, 29 of 1993, or any other public regulation.

In determining whether goods meet the above requirements all of the circumstances of the supply must be considered. These include, but are not limited to:

  • the manner and purpose for which the goods were marketed, packaged and displayed;
  • the use of any trade description or mark;
  • any instructions or warnings with respect to the use of the goods;
  • the range of things that might reasonably be anticipated to be done with or in relation to the goods; and
  • the time when the goods where produced and supplied.

A consumer may within six months of delivery return the goods to the supplier if the gods fail to satisfy the requirements and standards contained in section 55 of the Act. The consumer can direct the supplier to either:

  • repair or replace the failed, unsafe or defective goods; or
  • refund the consumer the price paid by the consumer for the goods.

Where the consumer allows the supplier to repair goods and within three months after such repair, the failure, defect or unsafe feature re-appears or a further failure, defect or unsafe feature is discovered, then the supplier must (at its choice):

  • replace the goods; or
  • refund to the consumer the price paid by the consumer for the goods.

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