UK Law on Electrical Goods

[JustinP1]

There may be an update to the Directive, but the last time I read it the 2 year period was for the consumer to make a claim where local law did not already offer this. In England we have 6 years to make a claim.

Edited by JustinP1 on Wednesday 22 October 13:54

[Sheepshanks]

JustinP1 said:

There may be an update to the Directive, but the last time I read it the 2 year period was for the consumer to make a claim where local law did not already offer this. In England we have 6 years to make a claim.

That's correct. Strictly, burden of proof timescales are the same, at 6mths. But a lot of firms have moved to a standard 2yr guarantee.

[vxr8mate]

Sheepshanks said:

That's correct. Strictly, burden of proof timescales are the same, at 6mths. But a lot of firms have moved to a standard 2yr guarantee.

Interesting...so why are Apple different?

I've heard about many Iphones playing up after the '12 month warranty' offered by various phone companies and Apple ran out and they refuse to even consider replacements, repairs etc.

[anonymous-user]

Apple changed my dodgy iPhone when I referred them to EU law. I have since switched to a Nokia Windows phone, which is reliable.

[anonymous-user]

vxr8mate said:

Sheepshanks said:

That's correct. Strictly, burden of proof timescales are the same, at 6mths. But a lot of firms have moved to a standard 2yr guarantee.

Interesting...so why are Apple different?

I've heard about many Iphones playing up after the '12 month warranty' offered by various phone companies and Apple ran out and they refuse to even consider replacements, repairs etc.

Apple say this:-

http://www.apple.com/uk/legal/statutory-warranty/

The Commission say this:-

http://ec.europa.eu/consumers/ecc/consumer_topics/...

[anonymous-user]

Sheepshanks said:

JustinP1 said:

There may be an update to the Directive, but the last time I read it the 2 year period was for the consumer to make a claim where local law did not already offer this. In England we have 6 years to make a claim.

That's correct. Strictly, burden of proof timescales are the same, at 6mths. But a lot of firms have moved to a standard 2yr guarantee.

That's only partly correct. The Directive prescribes a minimum limitation period, but it also imposes a requirement for goods to be fit for purpose and of normal quality for two years from purchase. See articles 1, 3 and 5.

http://eur-lex.europa.eu/legal-content/EN/ALL/?uri...

IIRC, the UK took the view that SOGA 1979 is sufficient to give effect to the Directive, but I haven't checked that.

Edited by anonymous-user on Wednesday 22 October 14:08

[silentbrown]

996TT02 said:

EU law offers mandatory 2 years of guarantee but after 6 mths its up to you to demonstrate that the fault must have been present at time of purchase.

Isn't this the real problem? Manufacturer's warranty covers you if product *becomes* faulty in the first year. But under EU law, YOU have to prove the fault was there when you took delivery, if it's more than 6 months ago.

How the heck can you reasonably do that?

[anonymous-user]

That is UK law, not EU law. No 'kipping in SPL, please!

[silentbrown]

Breadvan72 said:

That is UK law, not EU law. No 'kipping in SPL, please!

I'd rather gouge my own eyeballs out with a rusty corkscrew. But if I understand it correctly, the (UK's) "shift of onus" after 6 months ownership totally removes the cojones from a perfectly serviceable and sensible EU law.

[JustinP1]

Just to clarify chaps, the onus of the consumer to show that the fault was there at point of sale after 6 months is in both the SoGA 1979 and the EU Directive 1999 whateveritis.

[anonymous-user]

By crikey, yer right. Purple up, dudes!*








* don't

[silentbrown]

JustinP1 said:

Just to clarify chaps, the onus of the consumer to show that the fault was there at point of sale after 6 months is in both the SoGA 1979 and the EU Directive 1999 whateveritis.

But not everywhere?

http://ec.europa.eu/consumers/ecc/consumer_topics/buying_goods_services_en.htm said:

In some countries, once the first 6 months of the two-year guarantee period have passed, you may need to prove that the product was faulty or not as advertised when you received it, if the seller contests this.

[anonymous-user]

Yup, that's a matter of local law, and the UK could have legislated otherwise if it wished to. It didn't. Proof that the UK does not always gold plate Directives, contrary to 'kipper lore.