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hello, i was reading a paper online the other day, and apparantly under E.U. laws, when we by goods from stores and they have a 12 month guarantee on them, this information is actually incorrect.
we actually have 6 year guarantee under E.U. law (at least thats one good thing).
a guy had a faulty t.v. after 18 months the store wouldnt help him anymore, he searched for an answer, he found one took his request back to the store and got a brand new t.v.
apparantly even stores dont know this (at least thats what they say)
the story can be found at the following, sorry i dont know how to make it short
Under the sale of goods legislation which dates back about 130 years, we enjoy consumer rights in relation to goods for up to 6 years. When you buy goods, they have to be of satisfactory quality. This means that they have to match up to the reasonable expectations of a reasonable consumer and remain that way for a reasonable period of time.
European legislation requires that goods are guaranteed for two years and that if they break down during that time that they should be replaced orthe money refund .
At the moment UK consumers have the best of both worlds. They can insist upon the two-year protection granted by European law -- or they can insist on the protection for six years granted by UK law. UK law does not necessarily require the goods are replaced or that money is refunded. If you have had two or three years use out of the goods before a defect becomes apparent, then a court may merely order a repair.
What is not very widely known is that we are soon going to be losing our UK rights. In order to harmonise completely with European consumer standards, the 130 year sale of goods regime which has worked very satisfactory for us will be abandoned in favour of the European standards which gives you a mere two years protection.
I think that this is a very bad day for consumers.
It will be a very excellent day for those companies that want to sell extended warranties.
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I won a case against Argos under statutory rights due to a substandard sofa that practically collapsed after 4 years - dont know if thats connected to the sale of goods or not - but I knew my rights having worked in retail a long time ago and being told not to tell customers about their statutory rights but to try and sell them extended warranties instead - needless to say, I didnt work there for very long cos I didnt agree with the companies selling policies,
Magna res est vocis et silentii temperamentum
The great thing is to know when to speak and when to keep quiet.
(Seneca the Younger (attributed),Proverbs, 74)
Speech is given to many; intelligence to few - but if its well said, I said it!
The 6 years referred to comes from the Limitation Act. It's there simply to stop the threat of action existing for perpetuity. It does not mean that something has to last for 6 years.
Guarantees are a different thing. It was (is? haven't checked changes recently) 1 year in the UK compared to 2 years in the rest of the EU. The discrepancy is because the UK has superior legislation elsewhere, apparently.
Problem is that the EU wants the UK to change the legal system so we are more European. It will mean the repair/replace/refund system (SOGA - part 5A) will replace the right of rejection or claim for damages we currently have. Someone somewhere seems to have forgotten that we have a completely different legal system to the EU and the two are not compatible. The sooner we pull out the better.
I don't think there is any requirement for me to be 'more European' ! I was born in this particular geographical region (the western end of it) so I cannot be any more or less a 'European' based on their pronouncements.
That said, it is all about 'harmonisation' which is a different ballgame - there will always be winners and losers, but as long as the bulk of us can share the same 'rights' across the EU, is no bad thing. Thanks to the EU out mobile phone rip-offs are becoming a memory, and good for Ms Redding for not standing for 'roaming' nonsense.
I used the word European wrongly and I apologise - I have nothing against Europe.
I do however have severe and many problems with the political system. What was that speech by Churchill about being part of it but not of it etc etc...
I would love to see the day when every human on this planet is truly unified. Alas, we are too immature as a race to do this at the moment, and forcing through harmonisation rather than wanting it is a dangerous game. The EU is not the be all and end all. Most trade is done outside the EU and we have more in common with other non EU countries, yet there is no call for harmonisation on the same lines called for with the EU.
Getting off topic I know, but that's my tuppence - whoops, sorry! 2 cents
I have a problem with this 6 year law.Our church purchased some sound equipment.However, the twin cd deck was faulty after several hours use.One of the drawers refused to open.I took it back and it was replaced.However, the same thing has happened again.I took that back today, and asked for a different model paying the difference.There were none in stock except the one on dispaly which was faulty.....one of the drawers refused to open.Seems like this is a common problem with "Numark" sound equipment.I was told that the Derby branch had one.It was then arranged for me to travel from Nottingham to Derby to exchange my item and pay the difference.When I got to the Derby branch and handed the receipt to the manageress, she pointed out that the 1 year guarantee had ran out 3 months ago.I told her about this 2 year E.U. guarantee, and about the 6 year guarantee in the U.K> and Wales.She went to her office to contact customer services.When she returned, she said that there is nothibg more that Maplins are going to do, but that I can contact customer services to see what they are going to do .Is there anyone on this forum who can give me the correct, or relevant laws, acts etc to rectify this problem?Bearing in mind that the church only uses the cd player for around 30 minutes , once a week, the cd unit has only had around 30 hours use.Any help before I slag off Maplins would be appreciated.
Let us assume that there was a valid 'Two Year' gurarnatee which they were prepared to honour. Once they get it they say that the cause of the drawer not opening correctly was because someone used it as a drinks holder, as they found spillage inside and cracking of the CD tray. Unless you were with the unit and monitored it usage constantly you couldn;t categorically state the item HADN'T been abused - and to be honest, many people don't treat communal equipment with the same respect as they might their own - so the damage could very well be induced and the manufacturer/shop have no responsibility to replacemt for free, only a repair.
NuMark kit isn't particularly high quality, but it does work as advertised, and I know of DJ decks still working after 4 years of intensive use. So, with operator error being an arguable propability, the chances of a formal success in pursuing them (either the store or the manufacturer) would be slim.
As the equipment is used once a week in the church and the cd deck is used for around 5 hymns lasting about 30 minutes, and considering the equipment is then packed away after use, it is all in mint condition.there is no damage wether intentional or accidental.there is no liquid damage.i expect the equipment to last longer than 30 hours total playtime.I have contacted maplin customer services by email.I will post their reply when I get it.
Can I just ask. The two year 'European' guarantee, is this not from the manufacturer, therefore there is no point going back to Maplins citing this - is this correct?
I thought he guarntee was provided by the manufactuer, and your rights under the Sales of Goods Act (as ammended) is with the retailer?
Also, how hard is it to get a manufacturer to honour the two year guarantee (I see a lot of products where the manufacturer says it is just one year)?
Thinking back to contract law, how can you argue breach of contract when there has been no consideration made to the manufacturer from yourself?
Yes, that's correct, FP, the 2 yrs is from the manufacturer, and it's nothing new either, it stems from a 1999 EU directive.
Newmoses (no offence) is the perfect example of someone rushing in without researching things properly.
The reason the 99 directive on 2 yrs is not widely known is that the Sales of Goods Act 79 (amongst others) gives us better protection, but it is to be used against the retailer, not the manufacturer. The 2 yrs warranty only provides better cover if the retailer has gone bust for instance. But our statutory rights allow us to seek redress for longer than that (depending on the nature of the goods, of course).
If I did the maths right, you bought the stuff 15 months ago, right? I don't know how much this kind of stuff costs, but I assume it's into hundreds rather than tens of pounds, yes?
If none of the local stores are prepared to help, then you were right to go to HO, but you need to know what law you are relying on, as they'll just laugh at you otherwise. So: You want them to repair/replace/refund the goods because they are not of satisfactory quality as regards durability as per the SOGA 79. If they don't play ball, you might need to get an independent report about the fault, the cost of which you can reclaim against Maplins.
Please note that the above is only valid if you bought the goods as an individual, not a business.
Apologies to people who I was in the process of helping, I may be gone some time.
Buyer and seller. Here there is a contract between the two parties for the sale of goods. Implied into such a contract are those requirements in SOGA and other legislation, such as satisfactory quality. Any breach of the contract is for the two parties - the buyer and seller - to resolve. The manufacturer has nothing to do with it.
Warranties are simply provided by manufacturers and are additional to statutory rights - those implied into contracts. A seller should not pass you off to the manufacturer where the claim is for a breach of contract.
As far as I am aware, the minimum guarnatee period in the UK is 1 year. I know the EU passed a directive stating 2 years, but this is not applicable to all countries (the Guardian ran a story about a "secret 2 year warranty" which was immediately copied by the Mail and has appeared all over the place). As far as I am aware, a guarantee in the UK need only be for a year, not 2.
As regards the manufacturer, there are cases which link the buyer and manufacturer, but these are, if I remember correctly, mostly to do with liability for defective products, injury etc, not in terms of a breach of contract between buyer and seller.
Thanks you Bookworm. May I make one further enquiry?
I'm sure I have heard previously that is is better to insist on invoking your rights under the Sales of Goods Act as apposed to approaching the manufacturer for a guarantee.
The reason being, the statutory rights are more comprehensive and if you get a repair done from the manufacturer, this may detract from invoking your Sales of Good Act rights against the reatailer, should the product develop a further problem.
If this is true, a lot of stores try to fob off consumers saying you have to contact the manufacturer (Comet springs to mind from previous experience).
I've told them I wanted something doing under stat rights, but they just say there is no point, as they will just return it under manufacturer's guarantee.
It was to do with a hoover I purchased. I just remember telling them I wanted it done under my stat rights as my contract was with them and not the manufactuer; and that if they wanted to make a guarantee claim with the manufactuer that was their business. :o)
I can't remember the specifics other than getting annoyed at the poor member of staff (I don't like doing that as I know its not their fault)
Sorry, I'm a bit slow this morning. There was no other enquiry!! ;o)
Well, FWIW, you were right. Your contract is with them, you paid THEM the money. If they have an issue with the quality of the goods, it's up to them to then take it up with the manufacturer.
Apologies to people who I was in the process of helping, I may be gone some time.
Any body see the one show on bbc1 last week with regards to this law? The manufacturer gives a 1 year warranty, not 2 years under e.u. law as is suggested by some posters on here.If the product fails to live up to its standard for up to 6 years then you can get either a repair, or replacement at no cost to you.The cost is borne by the seller.There is another law called something like the sale of goods to customers act 2005? which in, i beleive section 44, states that the onus is on the seller and not the buyer or manufacturer to repair, replace or refund on goods that have not lived up to their quality.You can also claim compensation as well if you have suffered any lossed.Again, that comes from the seller.If they fail to adhere to this law, then you take them to a small claims court and let the judge sort it out.This is exactly what I am intending to do with maplins as they have ignored my 2 emails and refused to answer a signed for letter i sent to them.i will let you know the result.
guarantees on goods actually 6 years
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