By Liu Zhuyi
Ms Xiao bought an electrical water heater of a certain brand in December 2009, the seller of which offered a commitment to maintain the heating component for life long and the entire machine for six years, free of charge. However, the seller couldn’t keep its commitment when Ms Xiao found problems with the water heat. Ms Xiao has recently reported her compliant to Yangpu District Commission of Consumers’ Rights and Interests and request the other party to follow the original agreement and solve her problem.
Ms Xiao found the internal cylinder of her water heater was leaking recently. She contacted the designated maintenance service department of the brand to get it fixed. The department sent a staff member to Ms Xiao’s house for examination. “They asked for RMB400 as maintenance fee or asked me to share partial cost if I want to replace it with a new one,” said Ms Xiao.
Ms Xiao is not satisfied with the response of the maintenance service department and requested them to keep their original promise and offer free maintenance to the entire water heater within six years and to the heating component for life long, free of charge. However, the maintenance service department did not accept Ms Xiao’s request and insisted on their proposal.
After receiving the compliant, Yangpu District Commission of Consumers’ Rights and Interests went to the service department for investigation. According to Manager Lu, the water heater is off production and there is no component for replacement. They thus proposed that the consumer buy a new electrical water heater and pay for the price difference because the new product is more expensive than the old water heater. The problem has not yet been solved because Ms Xiao could not accept their proposal.
According to Yangpu District Commission of Consumers’ Rights and Interests, the seller should replace the commodity with new once on qualified conditions if the Three Guarantees are still valid. As the water heater is off production and there is no new commodity to exchange the broken one, the consumer should have right to return the commodity to the seller. The service department should respect the rights of the consumers and should not deprive them of the right to choose. After communication, Manager Lu said they would accept the consumer to return the water heater.
As introduced, what the maintenance service department did was in violation with rules above. The seller shall not infringe consumers’ rights and interests because consumers are not familiar with such rules on the Three Guarantees.