EU Law - Longer Product Guarentee.

stugib

alipman wrote: »

So this only guidance and more of a wish list?
I only query this because if I quote thsi directive, they are just going to say it doesnt apply.

The contents of the directive are already catered for in UK law. Don't bother quoting the directive, particularly as it does not mean products have a two year guarantee as you'd usually understand it. Stick to Sale of Goods Act.

Tozer

Vomityspice wrote: »

The UK cannot 'amend' European Law. The case (actually cases) of 'Factortame' (See http://en.wikipedia.org/wiki/Factortame_litigation) illustrate this.

European Law is supreme.

Factortame is not about amendment of Euro law. It is about the supremacy of EU law where there is a conflict between domestic law and EU law.

Domestic law must be interpreted to give effect to EU law wherever possible.

Directives are not generally of direct legal effect but are a direction for EU member states to implement the requirements into domestic legislation.

However, the Directive in question (which would not have direct effect) is not actually inconsistent with SoGA as amended. Apart from a couple of minor amendments to SoGA, Parliament did not consider that any further implementation of the directive was necessary.

Esqui

Dejayy wrote: »

Hey guys, i don't know if this has been posted before

Nope. I don't think it has.

djb215

:wall::wall::wall::wall:

moorhawk

Hi

I was wondering if the extended guarantee also applies to reconditioned goods? I'm looking to buy an expensive blender that is sold as 'reworked' (ie could be a simple shop return, end of line, or could be faulty within guarantee and repaired) and comes with a six month guarantee. Any idea?

Thanks

superscaper

moorhawk wrote: »

Hi

I was wondering if the extended guarantee also applies to reconditioned goods? I'm looking to buy an expensive blender that is sold as 'reworked' (ie could be a simple shop return, end of line, or could be faulty within guarantee and repaired) and comes with a six month guarantee. Any idea?

Thanks

Ignore the EU Directive, it's the sale of goods act (our implementation of the eu directive into law, the directive isn't a law in itself) you want. "Guarantee" in the EU Directive has nothing to do with manufacturer warranties, it's about the responsibility of conformity of goods by the retailer.

To save me posting it all again: http://forums.moneysavingexpert.com/showpost.html?p=23450547&postcount=4

MsBoop

Sons tv, purchased from Comet May 2008 has broken. Just throwing up a variety of rainbow colours.

I have rung Comet and they say we have to pay £30 for their engineer to come out and then, depending on the fault, they will give a discount on any parts needed to repair. I queried this, quoting the EU Directive and a supervisor was brought to the phone.

He said that they as a store haven't 'signed' the EU Directive as they offer the 6 year 'guarantee'. I quoted the EU Directive again and he is now saying that IF the set is faulty the £30 could be refunded and repaired for free...but this depends on what the engineer finds when he comes out.

Before I ring back and arrange for an engineer to visit - can anyone shed any light on the CORRECT procedure they should be taking?

Many thanks.

Esqui

This is correct. You will have to pay for an engineer to prove the inherent fault (though you may want an independent one to do it). They'll refund the cost if it can be proved.

MsBoop

Many thanks for your prompt reply:beer:

So the girl I INITIALLY spoke to had it wrong by saying we would have to pay..albeit with 'big' discount for any parts if the tv proved faulty/parts broken?

If we got an independent engineer I'm not sure if Comet would then take this on board and then do any repairs as they may say it has to be THEIR engineer?

I think I'll have to print EVERYTHING out concerning the EU Directive and have it with me when an engineer calls

bbelt