Buyer complains re: Kia Soul's engine starting, dying for no reason; Hidden defects?
Nakatengga lang sa casa ang Kia Soul ni Allan de Castro, na binili niyang brand new noong Marso 2016 pa. Pabalik-balik lang aniya ito sa pinagbilhan niyang Kia dealership sa Marcos Highway dahil sa paulit-ulit niyang reklamo na namamatayan ito ng makina. "Isa din kasi na worry ko ay muntik akong mabangga ng trailer [truck]. Twice siya namatay. So hindi mo siya magagamit na kasama mo 'yung family mo kasi nagwo-worry ka din," hinaing ni De Castro. Kuwento niya, idinadahilan umano ng casa na pare-pareho lang ang isyu sa makina ng Kia Soul niya kaya hindi na kailangang maglabas ng job order. (Brand new na sasakyan na 'patay-sindi' ang makina, inireklamo; Alvin Elchico, ABS-CBN News; Posted at Jan 13 2018 07:22 PM)
Act 386's Article 1561. The vendor shall be responsible for warranty against the hidden defects which the thing sold may have, should they render it unfit for the use for which it is intended, or should they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it; but said vendor shall not be answerable for patent defects or those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them. (1484a)
Article 1562. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods, as follows: (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose; (2) Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. (n)
Act 386's Article 1561. The vendor shall be responsible for warranty against the hidden defects which the thing sold may have, should they render it unfit for the use for which it is intended, or should they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it; but said vendor shall not be answerable for patent defects or those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them. (1484a)
Article 1562. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods, as follows: (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose; (2) Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. (n)
