Thread: N800 no longer wants da elektrikxx.
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luca is offline luca
2008-11-08 , 17:49
Posts: 1,137 | Thanked: 402 times | Joined on Sep 2007 @ Catalunya
#25
Originally Posted by Rebski View Post
Are you sure about this?
Pretty sure, yes

Originally Posted by Rebski View Post
It is always best to take legal advice unless of course this is what you are providing here?
No, IANAL, but I read various articles about it when this directive was implemented here, and all of them explained the 6 months trick. After 6 months the validity of the warranty depends on the good-will of the seller (in many cases it will be the manufacturer that will take care of the warranty, however the law is only binding between the buyer and the seller), or if you're willing to pay for an expert opinion and the legal costs involved.

Originally Posted by Rebski View Post
Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees
Article 5
Time limits
1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods.

That same article 5, paragraph 3:

Unless proved otherwise, any lack of conformity which
becomes apparent within six months of delivery of the goods
shall be presumed to have existed at the time of delivery unless
this presumption is incompatible with the nature of the goods
or the nature of the lack of conformity.


i.e, the first six months, by default it is considered to be defective, after 6 months you have to prove it was defective when it was sold to you.