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guarantee,warranty区别/不同

2011-08-30  sunshine^...

外方与客户的验收证书上同时出现了guarantee和warranty,这两个词有什么不同吗?搜索了半天,找到一些答案,却也只懂了个模棱两可。不过还是试着把有益于理解的部分翻译了一下:

(1)Yahoo Answers:

What's the difference between a guarantee and a warranty?

A guarantee:

  • Is usually free 通常是免费的
  • It's a promise to sort out any defects with a product or service within a fixed period of time 是在特定时期内解决产品或服务瑕疵的承诺。
  • It's a legally binding contract, even if you didn't pay for it 即使未付费,也是具有法律效力的合同
  • It must explain how to go about making a claim in a way that is easy to understand 必须以易懂的方式解释如何进行索赔
  • It should add to, not take away from, your rights under consumer law 增加,而并非减少,依消费法应获得的权利
  • It works whether or not you have a warranty 不管是否有保修条款,guarantee均有效

A warranty:

  • A warranty is like an insurance policy for which you must pay a premium 类似于保险单,必须付费
  • Sometimes it's called an 'extended guarantee' 有时也称作“延期guarantee”
  • It might cover a longer period than a guarantee, and it might cover a wider range of problems 有效期可长于guarantee,涵盖问题范围或大于guarantee
  • A warranty is a legal contract, so you can take the company to court if they don't honour it 是一种合同,若公司未履行承诺,可依据warranty将其告上法院
  • The terms of the contract should be clear and fair 合同条款应清晰、公平
  • Having a warranty doesn't diminish your rights under consumer law 持有保修并不消减依消费法应获得的权利
  • A warranty can run alongside a guarantee 可以与guarantee同时存在

 

(2)以下答案出自:

Definition

A guarantee is a promise made by a seller to a buyer that the item / service / product sold is of the best and freshest condition and in the event that there is no satisfaction or when the said item / service / product did not live up to its promise, the seller agrees to replace it or refund the buyer’s money.

guarantee即卖方向买方承诺所售项目/服务/产品处于最佳和最新状态,若买方不满意或上述项目/服务/产品未达到承诺,卖方同意更换或退货。

A warranty, however, works like an insurance policy and works like a legal contract. A warranty is a guarantee of repair and replacement of an item / product or its parts should it not meet the expectations of the buyer or should it break down and malfunction at any time during the warranty period.

warranty类似于保险单或合同,即卖方保证,若项目/产品未达到买方期望或在warranty期间损坏和发生故障,卖方负责修理和更换该项目/产品或其部件。

Purpose

Both a guarantee and a warranty aim to protect the rights of every consumer.

However, a guarantee focuses on manufacture and service provision, whereas warranty focuses on reselling and distribution. A company that creates televisions for example, will be liable for guarantee of their manufactured products. However, a distributor or an importer of these televisions will have to offer warranty to end users or consumers.

guarantee侧重制造和服务提供,而warranty侧重再售和分销。例如,生产电视机的公司有责任就其生产的产品提供guarantee。而电视机的分销商或进口商则应当向终端用户或消费者提供warranty。

Another example is the statement, “This blender has a 30-day money-back guarantee and a 12-month warranty.” It means that you can return it for repair or replacement within the 12-month warranty period and should you find the product performing less than it should, you can return it within 30 days and get your money back.

“该搅拌机30天内包退(30-day money-back guarantee),12个月内包修(12-month warranty)。”即你可以在12个月包修期内,将产品返回修理或更换;如果发现产品未达到要求,可以在30天内退货并索回钱款。此时,可以得出结论,warranty即包修/保修,而gurantee则类似于我国的“三包”,且更侧重更换与退货。

Costs

There is simply no cost for a guarantee. A guarantee can be considered as a legal contract but without any payment. Therefore, it is given freely. However, a warranty attracts charges as an insurance policy would. This is why, in order to make a warranty legally viable, a customer needs to pay for the product first. It can then be used as a legal instrument which, depending on its strength, can subject the seller to lawsuits if they do not comply with said promise (which is repairing and replacing of articles).

Summary

  • A warranty and a guarantee are both written documents to protect consumer rights.
  • A warranty focuses on repairing and replacing parts. A guarantee focuses on replacing entire items. 保修强调修理和更换零部件。质保强调更换整个产品。
  • A guarantee is free. A warranty charges as an insurance policy and can be used in court.

 

(3)WiKi Answers

According to the 1985 Moss Magnuson Act, warranty and guarantee are the same thing.

根据1985年颁布的Moss Magnuson Act,warranty和guarantee是相同的。

A guarantee is a document to protect consumer rights. It is a promise by a seller with a buyer for complete replacement of the item/ article or product; usually guarantee is valid for a fixed period of time. It has a legal status, even if we do not pay for or it was offered free of cost by a seller.

guarantee是用于保护消费者权利的文件,是卖方向买方做出的更换整个项目/物品或产品的承诺;通常guarantee具有一定的有效期,由卖方免费提供,即使不付费,仍具有法律地位。

Warranty is also a document that protects consumer rights. It is more or less like insurance policy for that we have to pay certain amount to come into legal contract. So on the basis of this legal bond the company can be taken to court if it does not bound what has been agreed in the warranty document. Warranty covers only repair of the article.

Warranty也是保护消费者权利的文件,类似于保险单,必须支付一定费用才能生效。具有法律效力后,若公司未履行文件中规定的义务,则可能被诉诸法庭。warranty只涵盖物品的维修。

Guarantee is more in manufacture, Warranty is more in distribution and reselling parts; for example, a company manufacture a scooter is liable for manufacture guarantee,on the other hand, some importer or distributor resell the products will use warranty

Guarantee更多来自于制造商,而warranty更多来自于分销商和零售商;例如,一家电动车厂家应提供生产guarantee,而再售该产品的进口商或分销商则应提供warranty。
A guarantee is giving you their word (kinda like an empty promise.) A warranty is in writing that they will correct any problem within the scope of the warranty. Take a warranty over a guarantee anytime.

 

综上所述,guarantee类似于我国“三包”中的退换货,具有一定期限,通常由生产厂家提供;而warranty则为“保修”,也具有期限,通常由零售商提供。
A guarantee:
保证:
Is usually free 通常是免费
It's a promise to sort out any defects with a product or service within a fixed period of time 这是一个承诺,理清任何缺陷的产品或服务在固定期限内的时间
It's a legally binding contract, even if you didn't pay for it 这是一项具有法律约束力的合同,即使你没有付出代价
It must explain how to go about making a claim in a way that is easy to understand 它必须解释如何进行索赔的方式,很容易理解
It should add to, not take away from, your rights under consumer law 它应该补充,而不是采取远离,你的权利,根据消费者保护法
It works whether or not you have a warranty 它不论您有没有保修
A warranty: 保修:
A warranty is like an insurance policy for which you must pay a premium. 保修就像保险政策,你必须支付额外费用。
Sometimes it's called an 'extended guarantee'. 有时它被称为一个'延长保证。
It might cover a longer period than a guarantee, and it might cover a wider range of problems. 它可能包括较长超过保证,并可能包括更广泛的问题。
A warranty is a legal contract, so you can take the company to court if they don't honour it. 担保是一种法律合同,这样你就可以采取公司向法院如果他们不遵守。
The terms of the contract should be clear and fair. 合同的条款应当明确和公正的。
Having a warranty doesn't diminish your rights under consumer law. 有保修并不降低你的权利根据消费者保护法。
A warranty can run alongside a guarantee. 保修可以运行与保障。

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