2014.03.04

The burden of proof after the warranty period has expired

In May, the consumer purchased a combined fridge/freezer with a 1-year warranty. In January, 18 months later, the consumer discovers a large ice patch in the refrigerator, and adjacent to the ice patch is a small hole. The repairman who checks the cabinet discovers that gas is leaking from the hole. The consumer claims original fault and demands a replacement.

The company claims that if it had been an original defect, the ice formation and leakage would have occurred much earlier than a year and a half after purchase. It is therefore not an original defect and the warranty period has expired.

ARN notes that the defect has occurred after the end of the warranty period. It is therefore incumbent on the consumer to prove that it is an original defect, i.e. a defect that already existed when the product was put into use. ARN further notes that the consumer has not done this and rejects the claim.