The availability warranty applies when the use of an item may require the replacement, cleaning or updating of one of its components.

Such items could include a toaster, an electric toothbrush, a cell phone, a vacuum cleaner, a dishwasher, a heat pump, a spa, a lawn mower, a bicycle, a car, etc.

You must have purchased or rented the item from a merchant. It may be new or used.

On its website, the manufacturer must indicate whether each of 3 elements (parts, services and information) is:

• available;
• partially available;
• unavailable.

If an element is partially available, the manufacturer must specify what is unavailable.

The information must be clearly presented and prominently displayed. You must be able to easily save and print this information. It must also be presented in the owner’s manual, if there is one.

The merchant must indicate whether each of 3 elements (parts, services and information) is:

• available;
• partially available;
• unavailable.

If an element is partially available, the merchant must specify what is unavailable.

Are you making your purchase online? The merchant must also provide you with the hyperlink to the information provided by the manufacturer concerning the availability warranty.

The merchant has 2 options to provide you with all of the required information.

• provide it to you in writing before you make your purchase, whether the purchase is made online or in the store;
• post it on its website. The information must be clearly presented and prominently displayed and include a hyperlink, if there is one, to the information provided by the manufacturer.

A merchant or manufacturer may choose not to guarantee the availability of one or more elements. Before making your purchase, they must notify you in writing of what they do not provide. It is the only way they can exempt themselves from the warranty. This could be done via a label affixed to the price clearly displayed in the store, in the order summary before completing a purchase online, etc.

In all cases, the notice must be clear, visible and easy to understand.

Is your item broken, for example, because it fell to the ground? And the merchant or manufacturer fails to abide by their obligations regarding replacement parts, repair services or information required for repairs?

Procedure to follow 

1. Check whether the merchant (or manufacturer) has in fact provided you with a written notice before making the purchase. This notice must indicate the unavailability of parts, services or information required for repairs.
   • If they have notified you, the merchant (or manufacturer) is under no obligation to provide you with the parts, services or information required for repairs.
   • If they have not notified you, the merchant (or manufacturer) is required to fulfill certain obligations. You can ask them to perform the necessary repairs at their expense.
2. The merchant (or manufacturer) has 10 days to notify you in writing of the time frame in which they propose performing the repairs. In this case, there are 3 potential scenarios:
   • The time frame suits you. Accept the proposal. If the merchant (or manufacturer) fails to abide by the proposed time frame, you could demand that your item be reimbursed or replaced, at the merchant’s (or manufacturer’s) discretion. You would then have to return the broken item.
   • The time frame does not suit you. Refuse the merchant’s (or manufacturer’s) proposal. You could then have your item repaired by someone else, at the merchant’s (or manufacturer’s) expense.
   • You do not receive a satisfactory reply. Demand that the item be replaced or reimbursed. You will then have to return the broken item.

Tools provided by the Office 

To help you resolve your problem, the Office has various tools available. First, refer to the section titled Resolve a Problem With a Merchant, which presents the various steps to achieve this. You will also find tips on negotiating with a merchant to help you come to an agreement.

Merchants and manufacturers that guarantee the availability of parts, services or information have other obligations to facilitate repairs. Refer to the page titled Price of a Repair and Availability of the Required Tools to find out more.