The goods you buy to complete asphalting or paving work are covered by warranties provided by the law. These warranties automatically apply without charge, even if the merchant or the manufacturer claims to sell without warranties. Among these warranties are:
- the use warranty;
- the reasonable lifetime warranty;
- the warranty against hidden defects.
Warranties provided by the law: your rights
Legal warranties allow you to expect that the asphalt or paving stones you are having installed:
- will serve the purpose for which they were bought;
- will have a reasonable lifetime, given the price paid, the contract, and the conditions of use;
- will not contain 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, even if you were observant;
- will conform to the description written in the contract and the advertising, and to the merchant’s statements.
A warranty could apply, for example, if the asphalt installed in your driveway by your contractor last year is deteriorating to the point that cracks and bulges have started showing.
The legal warranty applies even if:
- the contractor mentioned "no warranty" applied to the asphalt or paving stones that he was installing;
- the warranty offered by the contractor is past its time limit;
- you did not purchase an extended warranty.
What is a “reasonable lifetime”?
The reasonable lifetime warranty provides that an appliance must serve for normal use for a reasonable period of time. However, the law does not provide, for example, that the paving stone you are having installed must have a lifetime of 10 years. Why? Because several factors must be taken into account to determine the reasonable lifetime of goods. Those factors include the price paid, the contract's details, and the conditions of use. Thus, $3,000 worth of paving stones cannot be expected to last as long as would other materials with the same features but that cost $10,000.
In short, it’s a question of facts and common sense.
How to assert your rights
The asphalt or paving stones you had installed cannot serve its purpose, inform the merchant (and manufacturer, if applicable) of the problem. They will need to:
- repair the materials or have it repaired without charge;
- exchange it;
- refund your money.
You may also have suffered damages from using a defective product. If that is the case, the merchant 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, warranties and non-conformity of goods or services. The Download an information kit page provides all the information you need.
Last update : October 16, 2020
Were you unable to find an answer to your question? Please call us.
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.