The goods you buy to complete renovation work are covered by legal warranties. These warranties apply automatically and without charge, even if the merchant or the manufacturer claims to sell without warranties. These warranties include:
- the use warranty;
- the reasonable lifetime warranty;
- the warranty against hidden defects.
Legal warranties allow you to demand that the heating or air conditioning appliance you are buying :
- will serve the purpose for which they were intended;
- will have a reasonable lifetime, given the price paid, the contract, and the conditions of use;
- will not have any hidden defects, that is, important defects that were present before the sale, but that were not mentioned to you and that you could not have noticed, despite your due diligence;
- matches its description in the contract, advertisements and the merchant’s statements.
You can also demand the same conditions for a second-hand appliance purchased from a merchant. In such cases, the fact that the appliance is used and its wear at the time of purchase must be taken into consideration.
The reasonable lifetime warranty provides that a product must serve for normal use for a reasonable period of time. However, the law does not prescribe, for example, that an air conditioning appliance must have a lifetime of 10 years. Why? Because several factors must be taken into account to determine the reasonable lifetime of products. Those factors include the price paid, the contract's details, and the conditions of use. Thus, an air conditioning appliance worth $200 cannot be expected to last as long as would another appliance with the same features but that cost $600.
In short, it is a question of facts and common sense.
If the heating or air conditioning appliance you had installed cannot serve its purpose, inform the merchant (and manufacturer, if applicable) of the problem.
You can either undertake this process with the merchant, the manufacturer, or both. A merchant may not require that you deal with the manufacturer.
The merchant or manufacturer may choose to pursue any of the following options:
- repair the materials or have it repaired without charge;
- exchange it;
- reimburse you.
You may also have suffered damages from using a defective product. If that is the case, the merchant or manufacturer may also have to compensate you.
To help you resolve your problem, the Office has made various tools available to you. First, refer to the Resolve a problem with a merchant section, which presents the various steps to follow. Among other things, you will find suggestions on negotiating with a merchant in order to reach an agreement.
The Office also makes available information kits tailored to problems of an exclusively civil nature. They cover reasonable durability of goods, deliveries and non-conformity of goods or services. The Download an information kit page provides all the information you need.
Thanks to a partnership with the Société québécoise d’information juridique (SOQUIJ), the Office publishes summaries of the most recent judgments that deal with legal warranties, in particular those rendered by the small claims court. These summaries may be used to help support your efforts in asserting your rights with a merchant or manufacturer.
Consult the most recent judgments on heat pumps.
Last update : June 21, 2021
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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.