The Declaration of Guarantee in the UAE law covers various aspects, as it includes Federal Law No. (11) of 2013 regarding health insurance in the Emirate of Dubai, Federal Law No. (29) of 2006, which guarantees the rights of people of determination in all fields, Federal Law No. (33) of 2021 regarding the regulation of labor relations in the private sector, and others.
Declaration of Guarantee
In the following lines, the POA&More team explains to us a comprehensive guide to the Declaration of Guarantee in the UAE law:
Declaration of Health Guarantee:
- Law No. (11) of 2013 and Administrative Resolution No. (78) of 2022 guarantee the provisions of health insurance in the Emirate of Dubai.
- The health insurance document must be clear and easy to understand, include accurate definitions of terms, and be written in both Arabic and English.
- The health insurance card is issued to the beneficiary, including his basic data and coverage details.
Declaration of Guarantee Rights of People of Determination:
- Federal Law No. (29) of 2006 guarantees the rights of people of determination in all areas, including health, education and work.
- The UAE is keen to achieve equality and non-discrimination against people of determination, and to provide them with the necessary services.
Declaration of Guarantee Rights of Workers:
- Federal Law No. (33) of 2021 guarantees the rights of workers in the private sector, including temporary and flexible work and freelance jobs.
- The UAE is keen to provide comprehensive legislative protection for workers, and ensure that they receive decent treatment and safe working conditions.
- Federal Law No. 9 of 2022 stipulates strict provisions to regulate the work of recruitment entities and employers, and clearly defines their obligations towards preventing the exploitation of domestic workers.
Declaration of Guarantee Rights in Movable Property:
- The Federal Law on Guaranteeing Rights in Movable Property regulates rights related to guarantees on movable property.
- The following conditions must be met for the establishment of a guarantee right and its enforcement between its parties in accordance with the provisions of this law: entering into a guarantee contract, the guarantor must be qualified to dispose of the guarantee or authorized to establish a guarantee right thereon, the guarantee contract must include a description of the guarantee, and the guarantee contract must include a description of the obligation guaranteed by the guarantee right.
- The validity of the guarantee right against third parties on the returns expires if the guaranteed right thereon is not declared within (15) fifteen working days from the date of receipt from the guarantor, unless the guarantee returns are in cash, identifiable or described in the declaration.
Declaration of Guarantee Real Estate Development:
- The Real Estate Development Escrow Accounts Law in the Emirate of Dubai No. (8) of 2007 regulates the escrow accounts for real estate projects.
- The developer must open an escrow account for each real estate project, and deposit the amounts paid by buyers into this account.
- The escrow account is managed by the account custodian, and amounts are disbursed from it according to specific conditions.
Read more: Notary Services for Declaration of Residency in the UAE
Parties to Declaration of Guarantee
The Declaration of Guarantee in the UAE includes several parties, and these parties differ according to the type of guarantee. In general, the main parties in the Declaration of Guarantee can be identified as follows:
- Consumer: The person who obtains the goods or service covered by the guarantee.
- Supplier: The person or entity that provides the goods or service to the consumer, whether a producer, seller or service provider.
- Guarantor: The entity that undertakes to provide the guarantee, and may be the supplier itself or a third party such as an insurance company.
- Commercial attorney: If the goods are imported, the commercial attorney may be responsible for providing the guarantee.
- Maintenance centers: Authorized maintenance centers may be part of the guarantee network, where they undertake to repair defective goods.
- Regulatory authorities: Regulatory authorities such as the Ministry of Economy and Consumer Protection departments play a role in supervising the implementation of warranty laws and protecting consumer rights.
- Beneficiary: The natural person covered by health insurance under the provisions of the law.
- Health services provider: The group of health services that the beneficiary receives under the health insurance document through the health services provider.
- Coverage Provider: The party that bears the cost of health benefits provided to the beneficiary by the health service provider, including the government and the insurance company.
- Health Insurance Document: The document that specifies the rights and duties of the beneficiary and the coverage provider with regard to health benefits.
- Insurance Company: The insurance or Takaful insurance company licensed to practice insurance business in the country, and which is authorized by the institution to practice activities related to health insurance in the emirate.
- Employer: Any natural or legal person, public or private, in the emirate who employs employees or workers in return for a wage of any kind.
- Worker: Any person who works for the employer, in return for a wage of any kind.
- Sponsor: Any natural or legal person who, in accordance with the legislation in force in the emirate, sponsors a natural person who is not a citizen, for the purpose of visiting or residing.
It is important to note in the Declaration of Guarantee that the rights and obligations of each of these parties are determined by the laws and regulations in force in the UAE, including the Consumer Protection Law and the Commercial Transactions Law.
Why is the Declaration of Guarantee necessary?
Declaration of Guarantee is essential in the UAE for several reasons, the most important of which are:
Protecting consumer rights:
- The UAE consumer protection laws ensure that consumers are fully aware of their rights and suppliers’ obligations.
- A clear Declaration of Guarantee helps define the terms and duration of the warranty, and the cases of its cancellation, which prevents disputes between consumers and suppliers.
- The Ministry of Economy requires suppliers of goods to inform consumers of the cases that invalidate the warranty, so that agreement on the terms of the warranty contract is clear to both parties.
Enhancing confidence in the market:
- The Declaration of Guarantee contributes to building trust between consumers and companies, which encourages increased sales and boosts economic growth.
- When the consumer knows that the product or service he is purchasing is guaranteed, he feels reassured and confident in its quality.
Improving the quality of products and services:
- The Declaration of Guarantee encourages companies to provide high-quality products and services, as they bear responsibility for any defects or malfunctions that may occur.
- This helps raise the level of quality in the UAE market, making it more competitive globally.
Transparency and clarity:
- The clarity of warranty terms helps avoid misleading advertisements.
- A clear Declaration of Guarantee helps define the terms, duration, and cancellation of the warranty, preventing disputes between consumers and suppliers.
Overall, the Declaration of Guarantee plays a vital role in protecting consumer rights, enhancing market confidence, and improving the quality of products and services in the UAE.
How to Write an Effective Declaration of Guarantee?
POA&More’s team relies on several basic steps to write an effective Declaration of Guarantee in the UAE, taking into account the specificity of the local market and the needs of the target audience. Here are the main steps the team follows when writing an effective Declaration of Guarantee:
Understanding the product and the target audience
- Product analysis: The product or service provided must be fully understood, and the strengths and weaknesses must be identified, and the features that can be focused on in the guarantee.
- Audience study: Identify the target group of customers, understand their needs and expectations, and what they are looking for in a Declaration of Guarantee.
Determine the type of guarantee and its conditions
- Type of guarantee: Determine the appropriate type of Declaration of Guarantee (money back guarantee, repair guarantee, replacement guarantee, etc.).
- Warranty terms: Set clear and specific terms for the guarantee, including the duration of the guarantee, the cases it covers, and the cases it does not cover.
- Legal language: Use clear and simplified legal language, while avoiding complex terms that may confuse customers.
Writing the advertisement
- Attractive title: The title must be attractive and eye-catching, and reflect the value of the guarantee.
- Clear and compelling text: The text of the advertisement should be clear and compelling, explaining the benefits of the warranty and how customers can benefit from it.
- Focus on benefits: Focus on the benefits that customers will get from the warranty, such as feeling safe and confident, and saving money and time.
- Use testimonials: Testimonials from previous customers can be used to enhance the credibility of the warranty.
- Call to action: The advertisement should include a clear call to action, such as “Buy now and get a one-year warranty” or “Contact us to learn more about our warranty”.
Advertise design
- Attractive design: The design of the advertisement should be attractive and consistent with the brand identity.
- Use images and graphics: Images and graphics can be used to illustrate the benefits of the warranty and make the advertisement more attractive.
- Format: The format should be clear and easy to read, with appropriate fonts and colors.
Review and test the advertisement
- Review: The advertisement should be carefully reviewed to ensure that it is free of linguistic and spelling errors.
- Testing: The advertisement can be tested on a sample of the target audience to see how effective it is.
Consideration of local laws and regulations
- Consumer protection laws: Ensure that the advertisement complies with consumer protection laws in the UAE.
- Advertising Regulations: You must comply with the advertising regulations issued by the competent authorities in the UAE.
Steps to help you write a declaration of guarantee
Here are some steps to help you write an effective Declaration of Guarantee in the UAE:
Define the objective of the advertisement
- What do you want to achieve through the Declaration of Guarantee? Is it to increase sales? Build trust with customers? Or promote a new product?
- Define your target audience. Who are the customers you want to reach? What are their needs and interests?
Define the type of warranty
- What products or services does the warranty cover?
- What is the duration of the warranty?
- What are the terms and conditions that apply to the warranty?
- What are the procedures that customers must follow to obtain the warranty service?
Writing the text of the Declaration of Guarantee
- Use clear and direct language.
- Focus on the benefits of the warranty to customers.
- Clearly state the terms and conditions of the warranty.
- Use phrases that call customers to action, such as “Buy now and enjoy a one-year warranty.”
- Remember that Arabic should be the primary language of the advertisement, and any foreign language may be used alongside it, provided that Arabic is the primary language of the advertisement, and that it is not less than (50%) of the size of the advertising medium, and that it is at the top or on the right side of it, and that it is linguistically and spellingly correct.
Declaration of Guarantee Design
- Use attractive images or videos.
- Keep the design simple and easy to read.
- Use colors and fonts that match your brand.
Selecting publishing channels
- Determine the channels through which your advertisement will reach your target audience.
- You can use social media, websites, newspapers and magazines, and television and radio advertisements.
Declaration of Guarantee Review
- Review the Declaration of Guarantee carefully before publishing it to ensure that it is free of spelling and grammatical errors.
- Make sure that the Declaration of Guarantee complies with the laws and regulations of advertising in the UAE.
Validity of Declaration of Guarantee in the UAE
The validity of a Declaration of Guarantee in the UAE varies depending on the type of guarantee and the product or service provided. Here are some key points:
Declaration of Guarantee Health:
- The validity period of a health guarantee document is usually one year, but the Authority may specify a longer period in some cases.
- The health guarantee document must be renewed at least 30 days before its expiry date to ensure continuity of coverage.
Declaration of Guarantee Goods:
- The supplier is obligated to guarantee the product during the warranty period specified by the manufacturer or commercial attorney.
- The warranty period begins from the date the consumer receives the product.
- In some cases, the supplier is obligated to return goods that do not have a warranty within a period of (30) thirty days from the date the defect or fault appeared, whether apparent or hidden.
Declaration of Guarantee Services:
The supplier is obligated to guarantee the service it has provided to the consumer during a period that is consistent with the nature of the service provided or the period agreed upon with the consumer, whichever is longer.
Advantages of contracting with POA&More to write a Declaration of Guarantee
There are certainly many benefits to hiring POA&More POA Dubai to write a Declaration of Guarantee in the UAE, including:
- Experience and Professionalism: POA&More has a team of legal experts who have extensive experience writing a Declaration of Guarantee in the UAE. They are familiar with local laws and regulations, and can ensure that your Declaration of Guarantee complies with all legal requirements.
- Save Time and Effort: Writing a Declaration of Guarantee can be a complex and time-consuming task. POA&More can take care of this task for you, saving you time and effort to focus on other aspects of your business.
- Reduce Risk: A well-written Declaration of Guarantee can help protect your business from legal and financial risks. POA&More can ensure that your Declaration of Guarantee is comprehensive and accurate, reducing the likelihood of disputes or claims.
- Improve Company Image: A well-written Declaration of Guarantee helps improve your company’s image and increase customer confidence. POA&More can help you create a Declaration of Guarantee that reflects your company’s professionalism and commitment to quality.
- Drafting Guarantee Agreements: POA&More can help you draft guarantee agreements that outline the terms and conditions of the guarantee.
- Registration of Guarantees: POA&More can help you register guarantees with the relevant government authorities.
- Enforcement of Guarantees: POA&More can help you enforce guarantees in the event of a dispute.
If you are looking for a reliable and experienced Declaration of Guarantee writing company in the UAE, POA&More is an excellent choice.
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Frequently asked questions
What is a guarantee under UAE law?
In UAE law, the term “Declaration of Guarantee” refers to several different concepts depending on the legal context. Here are some key aspects related to guarantee in UAE law:
Guarantee:
- A guarantee is a type of personal guarantee, where a person (the guarantor) undertakes to perform the obligation of another person (the debtor) if the debtor fails to perform.
- The UAE Civil Code regulates the provisions of guarantee, and defines the rights and obligations of the guarantor, the creditor, and the debtor.
Mortgage:
- A mortgage is a type of real guarantee, where the debtor or another person provides a real guarantee (such as a real estate or movable property) to the creditor to ensure payment of the debt.
- The UAE Civil Code and special laws (such as the Mortgage Law) regulate the provisions of the mortgage, and define the mortgage procedures and the rights and obligations of the parties.
Declaration of Guarantee in sales contracts:
- A sales contract may include guarantees from the seller to the buyer, such as a guarantee of the quality of the sold item or a guarantee that it is free from defects.
- The UAE Civil Code and special laws (such as the Consumer Protection Law) regulate the provisions of the guarantee in sales contracts, and define the rights and obligations of the seller and the buyer.
Custody in Personal Status Law:
- In Personal Status Law, custody can be considered a type of guarantee, whereby the care and upbringing of the child is guaranteed by a person entrusted with it (the custodian).
- The UAE Personal Status Law regulates the provisions of custody, and defines the conditions of custody and the rights and obligations of the custodian.
Workers Rights:
- The UAE Labor Law guarantees workers’ rights, such as the right to wages, the right to leave, and the right to a safe work environment.
- These rights can be considered a type of social security for workers.
Bail in Criminal Procedures:
- In criminal proceedings, the accused can provide a financial or personal guarantee to ensure his presence before the court.
- The UAE Criminal Procedures Law regulates the provisions of bail in criminal proceedings.
How to write a guarantee statement?
POA&More is one of the companies specialized in writing and drafting legal documents in the UAE. This includes writing guarantee statements. When writing a guarantee statement, the company follows a set of steps and procedures to ensure the validity and comprehensiveness of the statement, in accordance with the laws and regulations in force in the UAE. In the following lines, we explain the basic steps that POA&More follows in writing a Declaration of Guarantee:
- Determining the type of guarantee: Determining the type of guarantee required, whether it is a bank guarantee, a commercial guarantee, or otherwise.
- Determining the parties to the guarantee: Determining the parties to the guarantee, which are the guarantor (the party providing the guarantee), the beneficiary (the party benefiting from the guarantee), and the guaranteed party (the party for whose benefit the guarantee is provided).
- Determining the amount of the guarantee: Determining the amount of the required guarantee, and the currency in which the payment will be made.
- Determining the duration of the guarantee: Determining the duration of the guarantee, and its expiration date.
- Determining the conditions of the guarantee: Determining the conditions of the guarantee, which include the conditions that the guaranteed party must meet in order for the beneficiary to be able to claim the guarantee.
- Drafting the warranty statement: Drafting the warranty statement clearly and concisely, including all necessary information, and ensuring that it complies with the laws and regulations in force in the UAE.
- Reviewing the warranty statement: Reviewing the warranty statement by a team of lawyers and legal advisors, to ensure its accuracy and comprehensiveness.
- Authenticating the warranty statement: When necessary, the warranty statement is authenticated by the competent authorities in the UAE.
