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Consumers - Consumer contracts

Repairing a household appliance

Television sets, washing machines, and dishwashers are all essential to the daily routine of most Quebecers. Even the slightest malfunction of one of these appliances is enough to send an entire household – and its budget – into turmoil. The Consumer Protection Act protects individuals against repairmen who try to take advantage of such a situation by charging exorbitant prices for repairs. Don't let yourself be a victim!

In this Infosheet, Éducaloi explains your right to a written estimate and a three-month warranty on all appliance repairs.

Does the law apply to any repair of any appliance?

No. When it comes to appliance repairs, the Consumer Protection Act protects only those repairs costing more than $50 (parts, labour, and transport) carried out on the following appliances:

• kitchen ranges (stoves);
  
• refrigerators;
  
• freezers;
  
• dishwashers;
  
• clothes washers;
  
• clothes dryers;
  
• television sets.

Can I ask for an estimate before any repairs are done?

A repairman must give you a written estimate of the nature of the repairs and the total price. A verbal estimate is not enough unless you sign a written waiver releasing the repairman from his obligation to provide a written estimate.

The repairman must give you the estimate before carrying out any repairs. This leaves you the option to consult a second repairman if the first repairman’s prices seemed too high or if you doubt his competency.

While many repairmen offer free estimates, some charge a price for estimates. In the latter case, the repairman is obliged to tell you the price of the estimate before he makes it. A written estimate is not necessary if the repairs are done free of charge. This often happens when an appliance is still under warranty.

What information should the estimate include?

An estimate should include the following information:

• your name and address;
  
• the repairman’s name and address;
  
• a description of the appliance to be repaired;
  
• the nature of the repair;
  
• the total price (parts and labour);
  
• the date of the estimate;
  
• the period during which the estimate is valid.

Always exercise your right to obtain a written estimate. It’s in your own best interest. Once you’ve accepted an estimate, the repairman cannot ask you to pay more than the price shown on the estimate.

A consumer can ask the court to annul the contract if the estimate does not contain the information required by law and if this lack of information has harmed him.

Can a repairman perform additional repairs without my consent?

No. Before performing any additional repair not indicated in the estimate, the repairman must get your written or verbal consent. If you do verbally consent to additional repairs, the repairman will amend the estimate; he will add the date and time of the consent as well as the name of the person who gave consent and the telephone number.

Must the repairman give me a bill?

Absolutely. The remittance of a bill is a legal obligation. A bill must include:

• your name and address;
  
• the repairman’s name and address;
  
• a description of the repair carried out;
  
• the price of the part installed, specifying whether it is a new, used, reconditioned or new part;
  
• the number of hours of labour billed, the hourly rate, and the total cost of labour;
  
• federal and provincial taxes;
  
• the total amount you must pay;
  
• the characteristics of the warranty.

Are appliance repairs guaranteed?

Yes. Appliance repairs come with a three-month warranty on parts and labour. Warranties come into effect on the day the appliance is delivered. Just to be on the safe side, you may want to write the delivery date on your bill.

Don’t hesitate to use the warranty. Contact the repairman as soon as the repaired appliance malfunctions. Three months go by fast!

This warranty covers only normal use of the appliance. If you cause the appliance to break or malfunction because you misuse it, the repairman is not bound to honour the warranty.

Can I take legal action against a repairman who doesn’t respect his obligation?

Yes. You can take legal action against a repairman who tries to charge more than the amount shown on the written estimate. The Small Claims Court has jurisdiction over claims less than $7,000.

Can a repairman refuse to return my appliance if I don’t pay?

A repairman can withhold your appliance until you pay your bill. However, he may not withhold your appliance in the following cases:

• if he did not give you a written estimate before repairing the appliance;
  
• if the total price on the bill is greater than the price indicated on the estimate. If this happens, pay only the amount shown on the estimate;
  
• if the estimate was modified upon your approval and the repairman charges more than the amount that was agreed upon. If this happens, pay the price you agreed upon at the time of the estimate change.

What about other appliances?

Vacuums, microwaves, and VCRs are excluded from the list of household appliances in the Consumer Protection Act. For repairs to these items, repairmen are not bound by law to provide an estimate or a warranty.

However, you can still ask for an estimate and a warranty. True professionals will not object to such requests.

Useful Links :

1. Office de la protection du consommateur website  [http://www.opc.gouv.qc.ca]