Warranties on Electrical goods.

[David & Ann]

Over the last 7 years in England, we have occassionally purchased several electrical items. Our last item was an electric kettle and toaster. It came with a 1 year warranty. I queried it by stating to the Salesman that according to EU law, all warranties MUST be 2 years (electrical goods) He said, not so in the UK.
Perhaps someone can enlighten me as to the true out come of the Warranty rule. My arguement is, what is the point of being in the EU when even the laws of trade do not apply. And if they do, why are they not adherred to. Looking forward to your replies. I know for a fact the 2 year warranty in Germany applies.

 

[Deleted member 9237]

I had this when i brought my mum a kettle from curry's last year when i came over was told it was only a year so after a year it pack up so this year when i came i took i back and told them that i have been told EU law was 2 years they tried to say no but i went into one in the shop and i think to get me out gave me a new one, but here in Spain it is 2 years :wave:

 

[David & Ann]

I had this when i brought my mum a kettle from curry's last year when i came over was told it was only a year so after a year it pack up so this year when i came i took i back and told them that i have been told EU law was 2 years they tried to say no but i went into one in the shop and i think to get me out gave me a new one, but here in Spain it is 2 years :wave:

I thought so. Need a couple more guys from other Countries to confirm. Perhaps Channa from France. I wonder what would happen if folks challenged the Companies in the UK. Any more opinions on this point?

 

[John H]

EU Directive 1999/44/EC refers to establishing a minimum of two years across the EC. In the UK, under the Sale of Goods Act 1979, your protection could last up to six years, thus meaning that we exceed the minimum. Remember, your contract is with the retailer, not the manufacturer.

 

[David & Ann]

EU Directive 1999/44/EC refers to establishing a minimum of two years across the EC. In the UK, under the Sale of Goods Act 1979, your protection could last up to six years, thus meaning that we exceed the minimum. Remember, your contract is with the retailer, not the manufacturer.

Hi JH, I knew you would come along. I know exactly what you mean, just want to clear a few cobwebs. A Retailer in UK does not have to fall in line with the 2 year WarrantyEU directive. If I except that arguement, can I claim from the Manufacture the rest of the Warranty outstanding. It is in Black and White that all Electricial goods must have a 2 year Warranty under EU directives..What are your thoughts John.

 

[Bigpeetee]

Interesting one this, I found a suitable article:Tesco: I fought the store and the law won | Money | The Guardian

Makes interesting reading!!

 

[John H]

Hi JH, I knew you would come along. I know exactly what you mean, just want to clear a few cobwebs. A Retailer in UK does not have to fall in line with the 2 year WarrantyEU directive. If I except that arguement, can I claim from the Manufacture the rest of the Warranty outstanding. It is in Black and White that all Electricial goods must have a 2 year Warranty under EU directives..What are your thoughts John.

It is important to distinguish between a warranty (or guarantee) provided by the manufacturer and your consumer rights under the Sale of Goods Act (and others). The former is not a statutory requirement, except insofar as the law states a warranty (if offered) cannot restrict your legal rights. The two year thing does not mean that your product is guaranteed for two years but that there is a minimum period of two years during which action may be taken (under the SOGA etc) and in the UK this is six years. Hope this clears things up.

 

[David & Ann]

It is important to distinguish between a warranty (or guarantee) provided by the manufacturer and your consumer rights under the Sale of Goods Act (and others). The former is not a statutory requirement, except insofar as the law states a warranty (if offered) cannot restrict your legal rights. The two year thing does not mean that your product is guaranteed for two years but that there is a minimum period of two years during which action may be taken (under the SOGA etc) and in the UK this is six years. Hope this clears things up.

Your explanation is very clear. Yet I get the feeling that it is not a clear cut case of "YES" or NO" More like beating around the bush. You have done well JH to explain as best as you can. So I will retreat and ponder the fact that I am not as smart as I thought I was. ☺☺☺

 

[John H]

Your explanation is very clear. Yet I get the feeling that it is not a clear cut case of "YES" or NO" More like beating around the bush. You have done well JH to explain as best as you can. So I will retreat and ponder the fact that I am not as smart as I thought I was. ☺☺☺

Unfortunately, David, the law is rarely a case of "yes" or "no". Most often it is grey. But the short answer to this particular question is that if you can show the item is not fit for purpose or should reasonably have been expected to last longer than it did (a how-long-is-a-piece-of-string one, that!) then you have six years in which to take action. Most often, though, your best option is that large retailers are afraid of bad publicity and so might be persuaded to give you the benefit of the doubt (as in the example cited by bigpeetee).

 

[robjmckinney]

warranty

The EU directive does cover goods bought in the UK for two years. Further under the AMEDA code vacuum cleaners should operate for 8 years and Washing Machines 10 years. The courts will accept that such devices are of reasonable quality and reasonable life, the small claims court are easy process to follow. Although your right of redress is with the place you bought it from always include the manufacturer if possible, they tend to settle more on your side.

I had a millioniare customer who had his Hoover washing machine repaired for 10 years totally free of charge, this was many major repairs each year until the 10 years were up!

So take your complaint to both the shop and manufacturer, be aware fair ware and tear is not covered so if you are using a domestic appliance heavily it is reasonable to them to claim a get out!

 

[Somelier]

Currys are dreadful when it comes to warranties - I bought an item of electrical equipment from them several years ago. I had to put the salesman right on several points, particularly that Currys were responsible for anything they sold under the Sale of Goods act. He spoke to his manager and tried to tell me that Currys had no responsibility and that it was the manufacturer who was responsible for any faulty goods. The next time I went in to the store, I took with me a copy of the relevant section of the Sale of Goods act. You should have seen the look on their faces!!:scared:

 

[John H]

Currys are dreadful when it comes to warranties - I bought an item of electrical equipment from them several years ago. I had to put the salesman right on several points, particularly that Currys were responsible for anything they sold under the Sale of Goods act. He spoke to his manager and tried to tell me that Currys had no responsibility and that it was the manufacturer who was responsible for any faulty goods. The next time I went in to the store, I took with me a copy of the relevant section of the Sale of Goods act. You should have seen the look on their faces!!:scared:

It's all a question of contract. Your contract is with the retailer, hence any complaint or claim you have is with him. He, in turn, will have a contract with the manufacturer so may be able to pass on the responsibility to them. It may seem a bit clumsy but you have no contract with the manufacturer - unless you buy direct from him. Many retailers hope that their customers are not aware of the law and try to pretend it is not their responsibility - I am sure we have all experienced this at some stage.

Further, even after the warranty has run out, there may be a claim under the 6 year rule I mentioned above - but don't expect an easy ride because you will end up in endless arguments about how long the item could reasonably be expected to last under the use you put it to (what is "reasonable" use etc etc). As I said above, it is probably best to use the threat of bad publicity in the first instance and get a "goodwill" offer from the retailer before resorting to a battle in the courts (in which no-one usually wins unless the value of the item is very great).

 

[kangooroo]

Remember to also buy goods using a credit card in order to benefit from s.75 protection.

I think SoGA offers 6 years in England, Wales and N Ireland, 5 years in Scotland.

Speaking from personal experience and with a county court hearing next month for a Samsung phone, I can vouch for it definitely being worthwhile in pursuing claims against manufacturers for defective or substandard goods although the process can become lengthy and time-consuming.

 

[caspar]

Section 75 does not, in itself, provide grounds for a claim against a supplier. Customers must have a valid claim of breach of contract or misrepresentation under other law, such as the Sale of Goods Act or the Misrepresentation Act. If they do, then they have a like claim against the card provider for the full amount of the claim.

The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit.

 

[robjmckinney]

Curry's

Interesting organisation Curry's, I worked for them for a bit in the 90s as an engineer. They had a sweat shop in Doncaster that did all the repairs to small appliances etc. All the work was done 16 to 18 year olds with no training. Three massive rows of these kids with no real training. The first row was simple repairs followed the second and third rows more complicated repairs. The end of the rows had brand new packaging which staff duly refilled the fixed items cleaned and retextured. So for Curry's customers many thought they were getting new items was in fact getting these refurbished items!

Thes kids were paid slave wages and we had words with some of them in their canteen, they all went out on strike. On my return any adults were seperated from these kids and we were not allowed to speak to them on our tour of the facility. The general manager, the oldest person in the place was 25 years old and they sacked the kids at 19!

Many faulty large appliances were passed off as new, this practice was widespread with retailers not just Curry's!