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EU Consumer Warranty Law - 1,2 or 5 years.

khy86 Avatar
7y, 4m agoPosted 7 years, 4 months ago
I read somewhere that under the EU law in Britain we are covered by an extended warranty period, and not just 1 year as said by most companies.

Not exactly sure on how to go about it, would you need to quote the law in order to enforce it on a company refusing to acknowledge it, and how long is the actually law. Im guessing that a receipt would be needed to prove original purchase was made?

If it actually is longer than 1 year, im sure there would have been alot of people quoting it when people post faulty items here
khy86 Avatar
7y, 4m agoPosted 7 years, 4 months ago
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1 Like #1
actually under SGA its 6years technically in the UK, but after 6months the onus is on the buyer to prove there was something defective before it was bought other than by wear and tear or accident and you might have to prove this in a court of law.
The 2 year EU warranty period is much more cut and dried. It's just that most retailers are not aware of it and you may have to stand your ground to get your rights, as per the guy with Tescos:
have a read:

The Guardian
I fought the store and the law won.

After 18 months, Peter Ward's TV broke down and Tesco refused to repair it. But, as Miles Brignall reports, EU rules give you two-year replacement rights, not one.

If you took a broken television back to the shop where you'd bought it a year and a month ago and were told you were out of luck as the guarantee had run out, would you accept this? Or would you demand a repair or replacement? Sadly the overwhelming majority of us would probably accept the shop's word that it was out of guarantee.

The good news is that EU rules mean you can take goods back up to two years later and obtain a replacement, even if the guarantee has expired.

Staff at the European Commission told Guardian Money this week that shoppers have an extremely strong case for demanding a repair, replacement or refund on items up to two years old – the minimum guarantee for all member states, including the UK. It is not a new rule, but it seems few shoppers or retailers are familiar with it.

One man who is fully aware of his rights, and was happy to take on the country's biggest retailer, is Peter Ward. He has just forced Tesco to replace a television even though it failed after 18 months. It took a long, and at times ugly, standoff during which he was threatened with forcible eviction from the store.

The retired teacher, who lives with his wife Gill in Liversedge near Leeds, bought the £400 Technika set from Tesco's Batley branch. When it went wrong two weeks ago, Ward called Tesco's repair helpline. After two 30-minute calls (at 10p per minute) he was told that the company stocked no parts and, because the TVs were "foreign made", no repairs were possible. This is in spite of the fact that Technika is a Tesco own-brand.

"I had read in a Reader's Digest book that all electronic items sold in Europe are now covered by the EU consumer rules which give the buyer a right to repair or replacement if the item failed within two years. So I wasn't going to back down," Ward says.

Armed with this information, the couple took the set back to the Batley branch, where the duty manager told them that as the set was more than 12 months old Tesco would not repair or replace it.

The Wards cited the EU rules, and a half-an-hour standoff ensued. A security guard threatened to forcibly remove them, and said he had called the police. "Eventually the manager went off to telephone someone at head office. He returned admitting that the European law was correct, and as the Technika set was not repairable we were entitled to a new set."

http://www.avforums.com/forums/images/smilies/eek.gif

The couple have since been given a replacement set worth £280, although Peter is still not entirely happy. "Tesco has also agreed to pay £111 to have our aerial upgraded as the replacement set would not work with our existing set-up. They have also offered a £75 clubcard payment, or £280 if I reject the TV. However the like-for-like replacement costs a further £120, and I've still got no apology for being treated like a criminal just for exercising my consumer rights," he says. "Had I not stuck to my guns, the most I would have got is £200 according to Tesco's documentation. How such a large company gets away with denying consumers their rights is beyond me," he says.

One reason stores are getting away with it is that the law in the area is complicated. The UK's Sale of Goods Act (Soga) gives consumers a longer protection period – up to six years, although in practice consumers find it difficult to enforce.

While the European Union website clearly backs up the two-year guarantee, you will find no information of the two-year rule on the government's Consumer Direct website. "Sellers … are obliged to guarantee the conformity of the goods with the contract for a period of two years after the delivery of the goods," the EU says.

An updated directive is being worked on, although it is not expected to become law for at least another year.

According to Which? consumer lawyer Chris Warner, too few people are aware of their rights. "While it is true that the EU consumer rules mean stores should repair or replace items that break inside two years, Soga affords consumers protection up to six years from the date of purchase."

The act says all goods sold have to be of "satisfactory quality and fit for purpose", however he admits that getting a refund for a broken item in the UK is a bit hit and miss once it is more than a year old.

"The confusion arises from the existence of manufacturer guarantees. These are often for one year and often consumers will be told that when the manufacturer's guarantee runs out, there is nothing else that can be done. This is not right in [B]most cases.[/B]

"The courts will judge what is reasonable. Clearly if you buy a £10 iron, your expectations are not the same as if you've bought the top-of-the-range model. If you bought the latter and it failed after four years, it would be reasonable to argue that it should have lasted longer, and that a repair or replacement is due.

"I don't think it's too cynical to say that retailers have been happy to let consumers think they have only a year's guarantee," he says.

A spokeswoman for the Department for Business said a forthcoming consumer white paper will include proposals to further clarify the law. "We will also be launching a campaign to raise awareness of consumer rights."

Perhaps, if more people take Peter Ward's approach, retailers will eventually have to adopt the John Lewis stance and give a two-year guarantee on products.

Last year we exposed how Amazon was offering repairs on items only up to six months old, relying on consumers deciding it wasn't worth pursuing the online retailer.http://www.avforums.com/forums/images/smilies/eek.gifhttp://www.avforums.com/forums/images/smilies/nono.gif

Meanwhile, momentum appears to be gathering behind the EC's plan to impose a pan-European guarantee on all products, so you could buy something in Lyons and return it in Manchester. That right may be as little as a year away.

[EMAIL="[email protected]"][email protected][/EMAIL]

http://www.guardian.co.uk/money/2009/may/23/tesco-consumer-guarantee
#2
interesting reading - thanks
#3
octobergirl;5815482
interesting reading - thanks

anytime, just remember not to mix up manufactuers warranty with the contract made with where you buy the item. As it only applies to the latter, thus when you read 1years manu. warranty thats legal and fine. :thumbsup:
#4
but how can they prove that their was an original contract stating it was 1 year. Its rare to see
#5
khy86;5815627
but how can they prove that their was an original contract stating it was 1 year. Its rare to see


what you mean how can they prove? who? prove what contract?

if you mean the contract between the buyer and seller then its obvious...the receipt/invoice or of course what a lot of people dont realise a bank statement. :thumbsup:
#6
lol i mean it saying that there is only 1 year warranty, i rarely see it say in most places that it comes with 1 year warranty.

It just seems difficult to prove anything and to enforce the 2 year law
#7
khy86
lol i mean it saying that there is only 1 year warranty, i rarely see it say in most places that it comes with 1 year warranty.

It just seems difficult to prove anything and to enforce the 2 year law


The manufactures "1 yr guarantee" is that retailers so generously "give" you is in addition to your rights under the UK Sale of Goods act - and the EU directive(?) not instead of.
Take proof of purchase and stand your ground. They will try to fob you off with "sorry out of the 1 yr etc" knowing full well your rights under the above and taking advantage of your ignorance and not wanting to make a scene.
#8
This is really interesting but somewhat complicated. European Directive 1999/44/EC is the relevant one. Search for it on Google or, for interest, have a look here.


z
#9
The Sale of Goods Act 1979 as amended makes the SELLER legally responsible for the quality of the goods. NOT the manufacturer.

Goods must be

As Described
Fit for purpose
Reasonably durable

If not then its down to the seller to put right.

Depending on the goods, that can last up to SIX years (Statute of Limitations) although as time goes by, you could reasonably only expect a repair rather than replacement.

Here's some links to the wording:

http://www.johnantell.co.uk/SOGA1979.htm

https://www.hmso.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_1

and a useful one:

http://www.berr.gov.uk/whatwedo/consumers/buying-selling/sale-supply/sale-of-good-act/page8600.html
#10
Fluffykins;5816897
The Sale of Goods Act 1979 as amended makes the SELLER legally responsible for the quality of the goods. NOT the manufacturer.

Goods must be

As Described
Fit for purpose
Reasonably durable

If not then its down to the seller to put right.

Depending on the goods, that can last up to SIX years (Statute of Limitations) although as time goes by, you could reasonably only expect a repair rather than replacement.

Here's some links to the wording:

http://www.johnantell.co.uk/SOGA1979.htm

https://www.hmso.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_1

and a useful one:

http://www.berr.gov.uk/whatwedo/consumers/buying-selling/sale-supply/sale-of-good-act/page8600.html


and affter 6months from time of purchase remember that the onus changes to the buyer to prove any defect :thumbsup:

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