This is a link to a useful booklet produced by the Department for Trade and Industry called “The Law Relating to the Supply of Goods and Services”
It explains in plain text what a consumer is entitled to expect from a trader, it is well worth a read so that you understand exactly where you stand if you are sold goods that become faulty.
Thats an interesting document (thanks)
I am currently involved with a photographic equipment failure dispute. The item failed with limited use, 14months after purchase.
The retailer is saying ‘out of warranty’
I am saying ‘not under EU directive 1999/44 – which gives 2 year warranty!’
They say ‘UK opted out of that directive’
I say it was incorporated into the 2002 revision of the Sale of Goods Act”
Legal advice agrees with me!
But the impression I get from this document is that ‘warranties’, be they 12, 24, or 36 months, are a ‘free offer’ and to some extent a side issue! The real point seems to be ‘reasonable performance’ and quantifying whether the failure was within a reasonable time and under reasonable conditions of use.
There doesnt seem to be a clear statement (maybe there cant be ONE clear figure?) saying your goods WILL last for X months by law. And as such its down to legal arguement = cost to resolve. Or am I being bitter and twisted?
I would print the document and take into the shop where you bought the equipment, seek out the manager and ask/tell them to read it.
It is important to note that for faults that become apparent after six months, it is for the consumer to provide evidence that the item did not conform to contract at the time of the sale.
In your case the simple test is “should the equipment have a reasonable life expectancy of more than 14 months?
In most cases the answer is yes, however that is tempered by the value, a £400 DSLR camera would be expected to have a longer expected life span than say a £30 Point and Shoot camera.
Also frequency of use, such as a washing machne for general domestic use would be treated differently than one installed in a garage for washing oily boiler suits etc
Thanks for posting this.
I would add also that if you pay more than £100.00 (but no more than £30,000) for Goods and/or Services via a credit card consumers are protected under Section 75,Consumer Credit Act 1974. This covers your rights for 6 years provided you supply secondary evidence in writing.This legislation makes the card company ‘Equally Liable’.
Original thread: September 2009
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