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Europa-List: Re: Rotax Engine Purchase

Subject: Europa-List: Re: Rotax Engine Purchase
From: John Wighton <john@wighton.net>
Date: Wed, 14 Jan 2015 02:26:05

Don't forget you already have a 2 year warranty period on all goods purchased in
the EU.  The UK is part of the EU (in case anyone had forgotten).

The directive covering this is as per extract (with acknowledgment to This is 
Money
article in 2009).

The link goes to here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1999:171:0012:0016:EN:PDF
 see Article 5 Para 1 on time limits.

"
The EU directive in question is 1999/44/EC. The full wording is contained here
(open the word documtent and scroll to page 7) but the important bit is this:
'A two-year guarantee applies for the sale of all consumer goods everywhere in
the EU. In some countries, this may be more, and some manufacturers also choose
to offer a longer warranty period.' 
As with UK law, a seller is not bound by the guarantee 'if the (fault) has its
origin in materials supplied by the consumer'. But the EU rule does not require
the buyer to show the fault is inherent in the product and not down to their
actions. 
The EU rule also says buyers need to report a problem within two months of 
discovering
it if they want to be covered under the rule. 

How can I use this rule? 
Reports of cases where shoppers have used the EU rule to get refunds suggest 
that
even senior staff at stores may be unaware of it, so be prepared for some blank
faces if you need to use it to argue your case. But eventually, after referring
the complaint to legal teams, reports suggest the stores have coughed up.

Use this checklist to see if you could try and use the EU rule: 
 The goods were purchased no longer than two years ago 
 The store will not provide a refund or repair because you are returning the 
item
after their return period has ended, usually one year 
 You are reporting the fault within two months of discovering it 
 The goods show no signs of damage through your actions or misuse. 
The best advice is to print off the EU rule and take a copy with you. If staff
fail to recognise it, ask them to take your details and report your complaint
to their bosses. Take a note of the names of any staff you speak to and explain
that you will contact them again soon for a response. 
You may manage to get your refund on the basis of the EU directive, however, 
shops
are within their rights to [try to] use the Sale of Goods Act as the definitive
guideline instead. 
"

--------
John Wighton
Europa XS trigear G-IPOD


Read this topic online here:

http://forums.matronics.com/viewtopic.php?p=436984#436984



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