hmmmmmm interesting but is it true?

[chesters1]

http://www.dailymail.co.uk/news/article-11...-retailers.html

 

not a daily mail reader nor in fact do i read anything in newspapers i look at newspapers and generally only at page 3 i stumbled over the link on another forum.

 

lots of interest in providing the actual laws but so far silence from the author

 

hmmm seems to revolve around directive 99/44/EC mentioned here :

http://ec.europa.eu/consumers/rights/docs/...ve_final_EN.pdf

 

its the usual EU rambling directives unfortunately and a logical mind is needed to interpret them (which i fail to have)

 

the 6 year bit is mentioned here

http://www.ukecc.net/sub.asp?id=250

 

i have emailed the page provider asking them to clarify if a buyer has a 1 or 2 year warranty (never heard of a 2 year one but some clever companies do) and what the fudge the paragraph with the 6 year mention means in plain english

Edited June 12, 2009 by chesters1

[Alan Stubbs]

http://www.dailymail.co.uk/news/article-11...-retailers.html

 

not a daily mail reader nor in fact do i read anything in newspapers i look at newspapers and generally only at page 3 i stumbled over the link on another forum.

 

lots of interest in providing the actual laws but so far silence from the author

 

hmmm seems to revolve around directive 99/44/EC mentioned here :

http://ec.europa.eu/consumers/rights/docs/...ve_final_EN.pdf

 

its the usual EU rambling directives unfortunately and a logical mind is needed to interpret them (which i fail to have)

 

the 6 year bit is mentioned here

http://www.ukecc.net/sub.asp?id=250

 

i have emailed the page provider asking them to clarify if a buyer has a 1 or 2 year warranty (never heard of a 2 year one but some clever companies do) and what the fudge the paragraph with the 6 year mention means in plain english

 

I had a look, albeit on a cursory one, but it would seem to rely upon interpretations of what constitutes 'fair usage'.

 

I'll have a deeper look this evening.

[chesters1]

hopefully you wont burst a blood vessel getting your head round it ,as you say its interpretation that generally let the supplier off the hook

why not a simple statement of the facts you get X or Y years warranty full stop

 

lots of legal implications for buyers of extended warranties ,did they buy something they are already entitled to free ?????????

[captain cojones]

ive certainly heard about the two year period,and it was some time ago too.

not heard about the six year bit though.

[les middy]

No chance with the volvo's then Chesters

[chesters1]

no 20 year warranties is asking a tad to much ,i did read the design life was 19 years which is impressive

[Alan Stubbs]

hopefully you wont burst a blood vessel getting your head round it ,as you say its interpretation that generally let the supplier off the hook

why not a simple statement of the facts you get X or Y years warranty full stop

 

lots of legal implications for buyers of extended warranties ,did they buy something they are already entitled to free ?????????

 

Logically, an extended warranty only gets activated once the consumer's statutary rights and manufacturer's warranty have elapsed.

 

Do you remember the Hotpoint offer of free flights to the USA about 20 years ago? That's a great reason for leaving things opaque...it's called 'room to manoeuvre'!

[chesters1]

thats my point if the warranty period is one year (as weve come to expect) you pay for the second and further years in an extended warranty .

if in reality this two year warranty is the norm (as the article is hedging towards) the second year you pay for is free but weve not been told this ,so everyone taking out a extended guarantee is being ripped off even more than thats been revealed to date ,the implication will cost the industry millions which is no bad thing if their being cagey about this second year (if it exists)

[chesters1]

update (look at the time for a reply )

still not crystal clear !!! i asken them to clarify if we had a mandatory one or two year warrenty on goods and what the UK 6 year part meant!

 

"Dear Mr Granger,

 

Thank you for your enquiry to the UK European Consumer Centre, a case has been created for you reference 75771/09/UK.

 

When purchasing goods there is no obligation for you to be given a warranty or guarantee by the Manufacturer or any third party.(not mandatory then)

 

The European Legislation states that as a consumer the goods you buy must fit for their purpose, free from minor defects and of a satisfactory quality for a minimum of two years (depending on the goods). This means that should a problem occur you are entitled to make a claim against the retailer of the goods under the rights given to you by law. In the UK however, this 2 year period is increased to 6 years.

 

I hope this clarifies the situation.

 

Kind regards

 

Laura Fergusson | Consumer Advisor | UK European Consumer Centre

 

UK ECC hosted by the Trading Standards Institute | 1 Sylvan Court, Sylvan Way, Southfields Business Park, Basildon, Essex, SS15 6TH | T: +44 (0)8456 04 05 03 | F: +44 (0)8456 08 96 00 | E: ecc@tsi.org.uk | W: www.ukecc.net"

 

 

replied with :

"Hi i did warn you i was thick ,so please help me get this right.

if i buy say a DVD recorder it comes with a one year warranty does this mean a two year one under EU regs (but the seller isnt mentioning this) or 6 years under UK law.,if i bought an extended warranty am i paying for something already free under EU ( or UK) legislation

if it breaks down after 5 years how is the "fit for purpose" part used? its purpose is to record DVD's it doesnt say anywhere for how long it should do this.

hopefully confused Dave"(should have been hopelessly! whoops)

 

will update if they reply

 

its been read they foolishly use return receipts

Edited June 26, 2009 by chesters1

[chesters1]

update !

 

i know i am thick but can any one make head nor tail of this ,now only a judge can judge whats what! oooh my aching head

 

"Dear Mr Granger,

 

Thank you for your email and I will do what I can to explain the situation, with legal topics they can get very confusing and sometimes can be a little unclear.

 

From your example, if you were to purchase a DVD player in the UK it does not automatically come with any warranty/guarantee, it is the decision of the manufacture or supplier if they want to provide one. If a warranty/guarantee is provided then it can be for any length of time, this is chosen by the warranty/guarantee provider (it could be for 1 week, 6 months, 1 year, 5 years, anything is possible).

 

Under UK law, which reflects European Directives, when you purchase goods in the UK you have rights against the retailer (the person you actually purchase the goods from). These rights include that the goods provided should be of satisfactory quality and fit for purpose. In the UK these can be called your statutory rights, which you can use within a statutory period of time. In the UK this is 6 years. So in theory if your DVD player broke after 3 years (due to no fault of your own) the trader would have to offer an appropriate remedy.

 

Where things get slightly confusing is that the European Directive refers to rights given to you by law as a Legal Warranty (a slightly different use of the word) and that the goods should conform for a minimum of 2 years. This two year period is the minimum level of protection that you can expect to receive in any European Country, . However, like the UK, some countries have extended this period of time.

 

The rights you are entitled to will depend on the product and how long it should reasonable last, for example: if you purchase a bottle of milk you will not have any rights against the retailer if the milk has gone off after 1 year (because it is not reasonable for the product to last that long). If there is a dispute over how long a product should last for the only person who can make a definitive decision will be a Judge.

 

If you purchase an extended warranty this is a service (almost like insurance) that you are purchasing from the warranty provider. In some instances extended warranties do not offer you as many rights as you get under law so it may not be beneficial to make the purchase, but in other circumstances the warranty lasts for longer than your rights do and may offer you more benefit (for example covering goods that are accidentally damaged or wear and tear issues). When purchasing this type of service it is important to thoroughly read the paperwork to ensure the service is suitable for your requirements.

 

I hope this answers your query and if I can help any more please let me know.

 

Kind regards

 

Laura Fergusson | Consumer Advisor | UK European Consumer Centre

 

UK ECC hosted by the Trading Standards Institute | 1 Sylvan Court, Sylvan Way, Southfields Business Park, Basildon, Essex, SS15 6TH | T: +44 (0)8456 04 05 03 | F: +44 (0)8456 08 96 00 | E: ecc@tsi.org.uk | W: www.ukecc.net"