EU rules mean minimum 2 year warranty

  dms_05 07:40 30 Oct 2009
Locked

The good news is that EU rules mean you can take goods back up to two years later and obtain a replacement, even if the guarantee has expired click here Tesco denied this initially but now admit it - so exercise your rights.

  dms_05 08:19 30 Oct 2009

Full EU ruling can be found here click here

  anchor 09:10 30 Oct 2009

This seems to be a rather grey area. The UK has not adopted the EU ruling, relying instead existing consumer legalisation, e.g.; Sale of Goods Act, (SOGA)

In my opinion this is most regrettable, as in many cases to enforce the SOGA it would be necessary to go to court.

  dms_05 09:41 30 Oct 2009

If you read the Implementation Report above you will see it states "Other Member States (e.g. Denmark and the UK) have transposed this provision indirectly, which raises the question whether the Directive has been adequately implemented."

  Awshum 10:50 30 Oct 2009

You will hear people triumph the SOGA over this but SOGA is incredibly difficult to use without going to court. The EU's directive basically extends the normal 1yr to 2, which is marvellous. I find it ironic that our government takes us into the Lisbon Treaty and so on but won't fully implement something that is in the interest of UK consumers.

I participate in another forum where out of at least 50 people reporting problems only one person succeeded in using SOGA to gain a replacement product. To prove his case he was required to obtain an independant engineer's report and legal advice. Having 2yrs where the shop cannot deny liability would be immense.

  dms_05 10:57 30 Oct 2009

Awshum - and in line with the rest of the EU.

  Awshum 10:58 30 Oct 2009

dms_05 thankyou.

Having 2yrs would be immense and in line with the rest of the EU.

  anchor 12:52 30 Oct 2009

Awshum: you are quite right. I doubt than any court would just accept the word of the complainant. An experts report might cost nearly as much as a replacement in many cases.

The SOGA sounds good in theory, but in practise it`s almost useless to the ordinary person.

I have had some success in writing to the CEO of two companies requesting an ex-gratia repair or replacement, when the item has failed quite soon after the one year has passed.

With an election due in about 6 months, perhaps this is something we could bring up with the candidates.

  dms_05 13:26 30 Oct 2009

As the EU legislation isn't new (and may date back to 1999) it seems the UK political classes are disinterested in their constituents rights. My guess is the average MP doesn't even know the EU rules demand a 2 year warranty on consumer goods in the UK and we are well out of step with the rest of the EU.

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