Warranty repair refused as “not covered”: what to do under Georgian law

What to do

1. When a defect is identified, this decides the dispute: a defect identified within the first 6 months is presumed to have existed at the time of transfer, until the seller proves otherwise (Law of Georgia on the Protection of Consumer Rights, Art. 20). After 6 months, the buyer must prove that the defect existed at the time of transfer (Consumer Rights Law, Art. 20). Statutory rights apply if the defect is identified within 2 years of transfer, regardless of the warranty period (Consumer Rights Law, Art. 20).
2. A refusal “under the warranty” or “go to the manufacturer” does not cancel the law. A commercial guarantee (of the seller or the manufacturer) is a voluntary addition on top of the seller’s statutory obligation (Consumer Rights Law, Art. 4). A warranty term restricting the consumer’s statutory rights is void (Consumer Rights Law, Art. 19). Claims are made to the seller (მოვაჭრე), not to the manufacturer (Consumer Rights Law, Art. 17). Repair or replacement is free: all costs (postage, labour, materials) are borne by the seller (Consumer Rights Law, Art. 17).
3. Additionally: the seller must honour the guarantee it has issued, including the terms stated in advertising (Consumer Rights Law, Art. 19). Presenting a statutory right as the seller’s “goodwill” is a prohibited practice (Consumer Rights Law, Art. 25).
4. “Moisture”, “impact” or “opening” within the first six months must be proven by the seller, not by citing the act of its own service. Demand a written conclusion with photos and dispute it. You may commission an independent examination yourself and attach it to a lawsuit (Civil Procedure Code of Georgia, Art. 162).
5. Refusal or delay: if the goods are not repaired or replaced within a reasonable time, you may reduce the price or terminate the contract (Consumer Rights Law, Art. 17). The route: written claim to the seller → Competition and Consumer Protection Agency (Consumer Rights Law, Art. 28) (you must apply to the Agency no later than 2 years after the violation (Art. 31); when a violation is confirmed, the seller pays for the Agency’s expert examination (Art. 32)) → lawsuit (a claim for contractual rights is subject to a 3-year limitation period (Civil Code, Art. 129)).
6. Where to apply: the seller (claim) → Competition and Consumer Protection Agency → district (city) court.
7. Evidence: receipt; warranty card; date of receipt; written service act with photos; correspondence; independent expert opinion.
8. Pitfalls: accepting an oral refusal without a written conclusion; disputing with the manufacturer or service centre instead of the seller; assuming statutory rights end with the warranty period.

Be sure to check

• in the first 6 months the seller must prove the buyer’s fault (“moisture”, “impact”); after that, the buyer must prove it
• commercial guarantee is an addition to statutory rights; terms restricting them are void; statutory rights apply if the defect is identified within 2 years
• the claim is made to the seller; repair is free, with all costs borne by the seller
• contest the service’s conclusion with an independent expert examination; claim → Agency → court