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luca's Avatar
Posts: 1,137 | Thanked: 402 times | Joined on Sep 2007 @ Catalunya
#27
Originally Posted by Karel Jansens View Post
No, in the first six months the manufacturer has to take the goods back by default (unless they can prove gross buyer error or something like that). After that period, the manufacturer has the right to seek proof that the fault was the buyer's. The burden of proof always lies by the manufacturer.
The directive says otherwise (see articles 3 and 5)
Btw, the manufacturer, according to such directive, is never directly responsible, the responsibility lies on the seller, which in turn can "pursue remedies against the person or persons liable in the contractual chain", so even if normally is the manufacturer that takes care of the warranty it is not required (yet) to do so by EU law.