Warranties: how to offer one without exposing your business
Photo: Avila Ops Tecnologia
Offering a warranty without exposing your business means writing down four things: what it covers, what it excludes, how long it lasts, and how customers make a claim. The statutory warranty under Brazil’s Consumer Protection Code, CDC (Law 8.078/1990), already exists independently of you: 30 days for nondurable products or services and 90 days for durable ones, counted from delivery under article 26. Your warranty is what comes in addition, and article 50 says it needs a clear written document delivered with the product or service.
Mistakes usually come from one of two directions. A business either promises a “full warranty” and “satisfaction guaranteed” without any rules, then finds itself replacing a misused product because it did not write down the exclusion. Or it tries to write “no warranty” or “we do not exchange defective products,” a void clause that also serves as evidence against it at Procon.
What does the law already guarantee without any promise from you?
| Right | Time limit | Basis |
|---|---|---|
| Complain about an apparent defect | 30 days (nondurable) or 90 days (durable), from delivery | CDC, article 26 |
| Complain about a hidden defect | The same period, counted from when the defect appears | CDC, article 26 |
| Have the supplier repair it | Up to 30 days; afterward, customers choose replacement, refund, or a price reduction | CDC, article 18 |
| Cancel a distance purchase | 7 days from receipt, without giving a reason | CDC, article 49 |
| Poorly performed service | Reperformance, price reduction, or refund, at the customer’s choice | CDC, article 20 |
None of this can be reduced by a contract, document, or store notice. Any clause attempting it is void under CDC article 51, and a contractual warranty never replaces the statutory one: article 50 says it is supplementary. The first rule for avoiding exposure is therefore to write nothing contradicting this table.
What falls outside the statutory warranty, and you can state: misuse, normal wear, third-party damage, installation by someone other than you. This needs to be written down to carry weight in a dispute.
How do you write your warranty?
On one page, with four sections:
- What it covers. “Manufacturing and installation defects in renovation parts and labor.”
- What it excludes. “Damage from externally caused water infiltration, third-party modifications, wear from use.”
- Duration. “12 months from delivery, in addition to the 90-day statutory warranty.” State both; it shows you know the law.
- How to claim. “Message this WhatsApp number with a photo and invoice; a visit within five business days; repair within 30 days.”
Two writing rules. State a number for the duration, never “extended warranty” without saying how long. And state who pays for what: if a part travels through Correios for repair, write who pays outbound and return shipping.
Include the warranty in the terms of service, invoice or accepted quote, and product or service page. The terms guide shows where it fits: What are terms of service?.
When does a warranty become a selling point?
When it is specific. “A 12-month installation warranty, with a visit within five business days” is a number competitors without a written warranty do not have. “Satisfaction guaranteed” is a phrase, not an argument.
And when it is honored publicly. A customer whose warranty claim was handled on time is the strongest testimonial available. A customer told “that is not covered” when nothing was written is the public complaint of Consumer Day week. The date’s guide covers the rest: Consumer Day: how to avoid becoming the bad example.
An aluminum window and door company advertised a “lifetime warranty.” A customer claimed for glass cracked by a thrown stone. Without written terms, the company replaced it because arguing about what “lifetime” covered would cost more. Afterward, it wrote a one-page warranty: 5 years on the structure and seals, excluding external damage, with the claim procedure. It began delivering that page with the invoice. The ad became less flashy, and the company stopped paying for things it did not owe.
What to do now
Write the four sections today, based on what you already do when customers complain. Check against the statutory warranty table and remove any sentence that reduces it. Add it to your terms and service page. If you want someone to review your website and terms and identify where you are exposed, it takes a conversation: avilaops.com/contato or contact us on WhatsApp: wa.me/5517997811471.
Frequently asked questions
Can I sell without a warranty?
No. The CDC’s statutory warranty always applies, even without a promise from you. You can choose not to offer an additional contractual warranty; simply do not promise one.
Do used products have a warranty?
They have the statutory warranty for the same period. What changes is what counts as a defect: wear consistent with use and disclosed at the sale is not a defect. Describe the product’s condition in writing.
Do services have a warranty?
Yes. CDC article 20 covers defective services, and article 26’s complaint period applies equally: 30 days for nondurable services, 90 for durable ones, such as renovations. A longer contractual warranty is your choice, in writing.
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