Length of warranty 3 months!

System

roger196 wrote: »

It establishes that you can have a minimum 2 year warranty whatever the shop tries to tell you otherwise.

However since the EU directive was not incorporated into UK law then it is immaterial.

roger196

Try reading http://ec.europa.eu/publications/booklets/move/64/en.pdf
on page 7.

neilmcl

How many times do we need to explode this myth.

The EU directive is just that, a directive, it is not law. It sets out goals to be achieved but the member state has authority to choose how or whether they go about achieving these goals.

It is not, I repeat not, a 2 year warranty. All it does is it sets out a minimum limitation period of 2 years for a seller to be found liable. It may strengthen but does not overide existing national legislation of the EC member country such as the Sale of Goods Act in this country which already has a limitation period of 6 years.

gordikin

5 years in Scotland!

yummymummy79

neilmcl wrote: »

It is not, I repeat not, a 2 year warranty. All it does is it sets out a minimum limitation period of 2 years for a seller to be found liable. It may strengthen but does not overide existing national legislation of the EC member country such as the Sale of Goods Act in this country which already has a limitation period of 6 years.

Thank you! Can we now put this to bed, it's getting rather annoying!

roger196

As this is developing into an interesting discussion, I thought I should read a bit more on the subject, hence the delay in replying.
In my opinion the SOGA lacks clarity and certainty as to the minimum period of retailers guarantee for electrical goods compared with the EU directive. To this extent the UK has failed to implement the objectives of the directive as required by Article 288 of the Treaty of the European Union
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
The European Court of Justice (ECJ) case Andrea Francovich v Italian Republic , Cases C-6/90 and C-9/90, established that where an individual could not obtain compensation because of the failure of the member state to implement a directive, then that individual was entitled to compensation from the member state itself [1991] ECR I-5357, I-5415, para37.

Suppose A buys a vacuum cleaner from a retailer. The vacuum cleaner packs up after fifteen months. The retailer refuses to repair the machine at his expense as his guarantee is for twelve months. At the small claims court, the judge finds that the reasonable period under SOGA is twelve months and A loses his case. I deliberately did not use the OP’s example of the guitar as whether the thermionic valves were a consumable item or not would have confused the issue. Had the EU directive been properly implemented A would have had a two year guarantee and would not have needed to go to court to enforce his consumer rights.

What is less clear in my mind is what is the next stage. There are a number of possible options.
1 Should A complain to the EU Commission in the hope they will take infraction proceedings against the UK in ECJ.
2 Should A launch a small claims case for compensation against the UK once he has received the adverse judgment above.
3 Should A have launched a dual claim the first time around in the small claims court against both the retailer and the UK. Would he be able to argue that the ECJ case of Francovich is binding on all UK courts and in this way enforce the EU directive.

neilmcl

roger196 wrote: »

As this is developing into an interesting discussion, I thought I should read a bit more on the subject, hence the delay in replying.
In my opinion the SOGA lacks clarity and certainty as to the minimum period of retailers guarantee for electrical goods compared with the EU directive.

The EU directive DOESN'T set out a minimum period of guarantee, it is a limitation period just the same as the SOGA, the only difference being the SOGA can go upto 6 years. I think you should do some more reading, in particular read the actual wording of the directive, you will find no mention of a minimum 2 year guarantee.

roger196

neilmcl wrote: »

The EU directive DOESN'T set out a minimum period of guarantee, it is a limitation period just the same as the SOGA, the only difference being the SOGA can go upto 6 years. I think you should do some more reading, in particular read the actual wording of the directive, you will find no mention of a minimum 2 year guarantee.

Try reading the EU publication mentioned in my post no23. Page 7 clearly states "A two year guarantee applies to the sale of all consumer goods everywhere in the EU."

Why do you think the EU does not know what is in its own directives.

Hintza

roger196 wrote: »

Why do you think the EU does not know what is in its own directives.

Well their accounts are illegal and have not been signed off in years.

So yes........;)

Mark_Hewitt

simoncurtis wrote: »

I thought now that all warranties were at least a year, is this correct?
Thanks Simon

No, it's not. Manufacturers do tend to offer 12 month warranties on a lot of products. But it's entirely up to them how long it is for, or even if they offer one at all.

Warranties are not the same as your statutory rights, which others have explained.

However I would find it bad form of them to do chargeable work, without first informing you of the charges!