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Denial of repair of cell phone purchased abroad does not generate compensation

The judge of the 3rd Special Civil Court of Brasília dismissed the initial claim for the action and did not grant compensation to the plaintiff who had denied the repair of an Apple-branded cell phone purchased abroad.

The plaintiff informs that she acquired an Apple branded cell phone in the United States of America and, when using it in Brazil, it was defective, being denied, by the company Apple Computer Brasil LTDA, the repair of the product under the warranty or by means of monetary consideration .

It happens that products purchased abroad directly by the consumer and used in Brazil do not have a guarantee in the national territory, except when a guarantee is offered or contracted for this purpose already in the foreign country.

In the leaflet presented by the defendant, in the "Limited Warranty" section, it allows to verify, in informal translation, that there is an express warning that "This warranty is valid only in the United States and Canada", that is, "This warranty is valid only in United States of America and Canada".

According to a legal consensus, this is the custom of global trade, and the consumer should pay attention to the fact that products imported by their own means, without interference from the importer based in Brazil, have a limited warranty to the country of purchase, which would eventually entail costs for sending the product to technical assistance.

Thus, the magistrate dismissed the plaintiff's request.

Process: 0714252-25.2015.8.07.0016

DENIAL OF REPAIRING A MOBILE PHONE PURCHASED ABROAD DOES NOT GIVE INDEMNITY. TJDFT. Available at:< http://www.tjdft.jus.br/institucional/imprensa/noticias/2015/setembro/negativa-de-conserto-de-aparelho-de-cellular-adquirido-no-exterior-nao-gera- indemnity >. Accessed on: 05  set  2015.