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Law No. 5672 regulates the provision of technical services
within the City of Buenos Aires.
Law No. 5672 was published in the Official Gazette of the City
of Buenos Aires on December 13, 2016. It regulates and establishes
new obligations to be complied with by those companies that provide
technical services within the framework of the statutory or
conventional guarantees. This law entered into force on December
21, 2016 and will be of immediate application to the existing
guarantees given to consumers.
The innovations introduced by this law are the following:
i) Repair time: it is established that the maximum
repair time should not exceed 30 days; however, the law provides
that the term can be extended by the supplier provided that the
consumer is duly informed by means of a quotation form.
ii) Provision of substitute products: technical service
providers are obliged to provide the consumer with a replacement
product of similar characteristics to that which is being repaired,
in order to satisfy the needs of the consumer during the repair
period.
iii) Opening hours and modes of operation: this law
remits to Law No. 2,962 which came into force in January 2009, and
that states that technical service companies must keep the
following opening hours for the general public: Monday to Saturday
from 7:00 a.m. to 8:00 p.m. In addition, those companies must
ensure setting a date for the consumer within 72 hours after the
request for repair, in a time slot that cannot exceed 3 hours.
iv) Preliminary repair quotation: at the first visit
the supplier must provide a preliminary repair quotation containing
(a) the date of the request for repair; (b) the date of visit; and
if necessary (c) the tentative date the product will be transferred
to the workshop. With respect to this latter obligation, it is
established that the charges for the transfer must be described in
detail in the quotation when they run on behalf of the consumer,
who, in addition, will be entitled to make the transfer on his or
her own account.
v) Certificate of repair: the certificate of repair to
be issued by the service providers must include: (a) the nature of
the repair; (b) the parts repaired or replaced, indicating whether
the replaced part is new, used or rebuilt; (c) the date of the
first visit; and (d) the date of return of the product to the
consumer.
vi) Repair guarantee: the repairs carried out under
this law will enjoy a 90-day guarantee from the delivery of the
repaired product, notwithstanding that the repaired parts will
maintain the statutory guarantee of 6 months provided by Section 11
of the Consumer Protection Law No 24,240.
This local regulation introduces new important and costly
obligations for the technical service companies that provide
services in the City of Buenos Aires, and also impacts on the scope
of the extended guarantees and insurance contracts that exist in
the subject matter. We do not rule out that the increase in the
costs associated with the service could bring litigation against
the validity of this law.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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