Warranty Claim Letter Mexico (Carta de Reclamación de Garantía)

A Warranty Claim Letter Mexico (Carta de Reclamación de Garantía) is a formal written demand sent by a buyer or consumer (consumidor or comprador) to a seller or manufacturer (vendedor or fabricante) requiring fulfilment of warranty obligations — demanding repair (reparación), replacement (sustitución), price reduction (reducción del precio), or refund (devolución del precio) for goods or services that are defective, non-conforming, or fail to perform as warranted — governed by the Ley Federal de Protección al Consumidor (LFPC) Articles 73 through 77 for consumer transactions, and by Código Civil Federal (CCF) Articles 2142 through 2162 for civil and commercial hidden defect claims.

Ley Federal de Protección al Consumidor (LFPC) Articles 73 through 77 establish the statutory warranty framework for consumer goods and services sold in Mexico — administered by the Procuraduría Federal del Consumidor (PROFECO), the federal agency responsible for protecting consumer rights under the LFPC. Under LFPC Article 73, all sellers and manufacturers of goods sold to consumers (consumidores finales) in Mexico must provide a written warranty (póliza de garantía) covering: the product or service, parts, and labour costs; the warranty period (plazo de garantía); the procedure for making a warranty claim; and the locations where warranty service is available throughout the Mexican Republic. LFPC Article 77 establishes that during the warranty period, if the consumer presents evidence of the defect, the supplier must repair or replace the product at no charge, or refund the purchase price — at the consumer's election.

For business-to-business (B2B) product sales where neither party is a consumer, warranty claims are governed by the Código Civil Federal (CCF) Articles 2142 through 2162. CCF Article 2142 establishes the acción redhibitoria — the buyer's right to rescind a sale when the sold goods have hidden defects (vicios ocultos) that existed at the time of sale and that make the goods unfit for their intended use (uso al que se destinan) or substantially reduce their utility. CCF Article 2144 establishes the acción quanti minoris — the buyer's right to receive a proportional reduction in the purchase price when hidden defects reduce the goods' value or utility without making them completely unfit. CCF Article 2163 sets the limitation period (prescripción) for these actions at six months from the date of delivery of movable property — making timely written warranty claims critical.

The distinction between vicios ocultos (hidden defects) and vicios manifiestos (apparent defects) is critical under Mexican warranty law. Vicios ocultos are defects that: (a) existed at the time of sale; (b) were not apparent upon reasonable inspection at delivery; and (c) make the goods unfit or substantially reduce their utility. A buyer who accepts goods without noting apparent defects (vicios manifiestos) at delivery waives warranty claims for those apparent defects — making delivery inspection essential. Only vicios ocultos — defects that could not be discovered through ordinary inspection and that manifest after delivery — give rise to redhibitory actions under CCF Articles 2142 et seq.

For electronics, appliances, vehicles, and other durable goods sold to consumers in Mexico, the Norma Oficial Mexicana NOM-024-SCFI (Información comercial de garantías para productos y servicios) establishes mandatory warranty disclosure requirements — including minimum information that must appear on the póliza de garantía, minimum warranty periods for specific product categories, and the rights of consumers when warranted goods are sent for repair. The Secretaría de Economía (SE) and PROFECO jointly enforce NOM-024-SCFI compliance — non-compliant warranties are void and consumers may demand the statutory LFPC warranty as if no contractual warranty were provided.

Federal consumer protection under the LFPC applies specifically to transactions between proveedores (suppliers — manufacturers, importers, distributors, and retailers) and consumidores (consumers — individuals or entities that purchase goods or services for their own use, not for resale or further processing). Business buyers who purchase goods for resale or manufacturing input are not LFPC consumidores — their warranty rights derive from the CCF and the commercial contract between the parties. The Warranty Claim Letter Mexico must correctly identify whether the LFPC or CCF framework applies to the specific transaction.

A Warranty Claim Letter Mexico is required whenever a buyer or consumer seeks to enforce warranty rights against a seller or manufacturer for goods or services that have failed during the warranty period — whether under the LFPC statutory warranty for consumer transactions or under the CCF hidden defect provisions for commercial sales.

The letter is needed when a consumer purchases an appliance, electronic device, vehicle, or other durable good covered by the mandatory póliza de garantía under LFPC Article 73 — and the product fails or malfunctions during the warranty period. The written warranty claim formally triggers the supplier's obligation to provide free repair, replacement, or refund under LFPC Article 77 within the statutory response period.

A warranty claim letter is required when a business buyer (comprador empresarial) discovers that purchased goods — machinery, raw materials, components, or commercial equipment — have hidden defects (vicios ocultos) that were not apparent at delivery but manifest during use. The written claim under CCF Article 2142 must be sent within the six-month prescription period from delivery to preserve the acción redhibitoria or acción quanti minoris.

The letter is also needed when a service provider (prestador de servicios) delivers services that do not conform to the agreed specifications — software that does not function as described, construction work that fails quality standards, or professional services that produce demonstrably defective results — and the client seeks warranty-based remedies under the service contract and CCF provisions.

A written warranty claim is required before filing a PROFECO conciliation complaint (queja de conciliación) — PROFECO's online conciliation system (CONCILIAEXPRÉS) and in-person offices require evidence that the consumer sent a formal written warranty demand to the supplier and received an inadequate response or no response before PROFECO intervention. Under LFPC arts. 73–77, documenting the warranty claim in writing is the first mandatory step in the PROFECO enforcement process.

A legally effective Warranty Claim Letter Mexico under LFPC Articles 73–77 and CCF Articles 2142–2162 must include these essential elements to trigger warranty obligations, preserve legal rights, and support PROFECO or court proceedings:

Claimant and Respondent Identification: Full name, RFC or CURP, domicilio, and contact information of the claimant (buyer or consumer) and the respondent (seller, manufacturer, or authorised warranty service centre). For LFPC claims, the supplier's proveedor registration number with PROFECO (if known) and their RFC.

Product or Service Description: Precise description of the goods or services subject to the warranty claim — brand (marca), model (modelo), serial number (número de serie), IMEI or product identifier, and purchase date (fecha de compra). For services, the service description, completion date, and service order number (número de orden de servicio).

Proof of Purchase Reference: The purchase document supporting the claim — CFDI (factura electrónica) number and UUID, purchase receipt (nota de venta or ticket de compra), or sales order (orden de venta). The purchase document establishes the buyer-seller relationship, the purchase price, and the date of purchase — all essential for calculating the warranty period.

Warranty Document Reference: Reference to the póliza de garantía issued with the product — warranty number, issue date, warranty period (plazo de garantía), and the specific warranty terms being invoked. For statutory LFPC claims where no written warranty was provided, explicit reference to LFPC Articles 73–77 as the basis for the claim.

Defect Description: A detailed, specific description of the defect — what symptom the product or service exhibits, when the defect was first noticed, the circumstances under which it manifests, and how the defect affects the product's fitness for its intended use. Technical photographs (fotografías técnicas), video evidence, or expert inspection reports (dictámenes de perito) attached as exhibits significantly strengthen the claim. Distinguish clearly between: defects present at delivery (vicios ocultos under CCF Article 2142); defects developing during warranty period use; and apparent defects noted at delivery.

Remedy Demanded: The specific remedy requested — repair (reparación gratuita) within the warranty period; replacement with an identical or equivalent product (sustitución por producto nuevo equivalente) when repair is not possible or has been attempted more than once without success; refund of the purchase price (devolución del precio) when repair and replacement are unavailable; or price reduction (reducción proporcional del precio) for partial defects. Under LFPC Article 77, the consumer has the right to elect the preferred remedy — the supplier cannot unilaterally dictate the form of warranty satisfaction.

Response Deadline: A specific deadline for the supplier to respond and provide the requested warranty service — typically 5 to 15 business days from receipt of the letter. The deadline creates urgency and establishes the basis for PROFECO complaint filing if the supplier fails to respond.

Prior Attempts to Resolve: Summary of any prior warranty service attempts — repair orders submitted, dates sent to the service centre, results of previous repair attempts, and the number of times the product has been sent for warranty service. Under NOM-024-SCFI and LFPC practice, if a product has been repaired three or more times for the same defect without successful correction, the consumer may elect replacement or refund without further repair attempts.

Statutory References: For consumer transactions, cite LFPC Articles 73–77 and NOM-024-SCFI. For commercial hidden defect claims, cite CCF Articles 2142 (acción redhibitoria), 2144 (acción quanti minoris), and 2163 (six-month prescription period). Both statutory bases may apply simultaneously for consumer purchases.

Consequences of Non-Response: Statement that failure to honour the warranty claim within the specified period will result in filing a formal complaint (queja) before PROFECO's CONCILIAEXPRÉS system and, if necessary, pursuing civil or commercial litigation before the Juzgado competente. PROFECO may impose administrative sanctions (sanciones) on suppliers who fail to honour statutory warranty obligations under LFPC Article 127 — fines ranging from $246 to $2,462,769 MXN (2025 values). Forms-legal.com provides this template as a practical starting point for warranty claims in Mexico.