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2008-11-08
, 13:13
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Posts: 1,137 |
Thanked: 402 times |
Joined on Sep 2007
@ Catalunya
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#22
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Originally Posted by Karel Jansens
But after six months you have to prove it's their fault. Many big name (and even not so big) manufacturers just give you 2 years of full warranty, no strings attached, but that's not what the EU requires.
Like I said, it's still under warranty (EU mandatory two years).
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2008-11-08
, 14:18
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Posts: 874 |
Thanked: 316 times |
Joined on Jun 2007
@ London UK
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#23
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But after six months you have to prove it's their fault.
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.
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2008-11-08
, 14:54
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Posts: 3,397 |
Thanked: 1,212 times |
Joined on Jul 2008
@ Netherlands
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#24
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AFAIK the warranty kicks in by default. If it is your fault and they can prove this you have to pay for the costs. For example, if you solder on your hardware and **** it up or you play football with it you "did not use the device as intended". This is manufacturer warranty; not sales warranty. The latter is minimum 1 year. This matters because it defines who has the liability and who you must contact to send the hardware to. One has to be careful though. Some corporations appear to believe they're not dealing with EU customers. If you buy from a vendor such as Dell or Apple they want to shove you some additional warranty (for after that 1 year) while you have the right to have 2 years of warranty. They shove it to call this additional warranty seemingless but its bullocks. BTW, if a device would suddenly stop functioning while this would not be expected (some devices you may expect to function for a longer period than 2 years) you might have a case as well. A computer loses 33% of its new price every year, and after 3 years its regarded as garbage.
__________________
Goosfraba! All text written by allnameswereout is public domain unless stated otherwise. Thank you for sharing your output!
Goosfraba! All text written by allnameswereout is public domain unless stated otherwise. Thank you for sharing your output!
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2008-11-08
, 17:49
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Posts: 1,137 |
Thanked: 402 times |
Joined on Sep 2007
@ Catalunya
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#25
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Originally Posted by Rebski
Pretty sure, yes
Are you sure about this?
Originally Posted by Rebski
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.
It is always best to take legal advice unless of course this is what you are providing here?
Originally Posted by Rebski
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.
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2008-11-08
, 18:21
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Posts: 3,220 |
Thanked: 326 times |
Joined on Oct 2005
@ "Almost there!" (Monte Christo, Count of)
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#26
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Originally Posted by luca
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.
But after six months you have to prove it's their fault. Many big name (and even not so big) manufacturers just give you 2 years of full warranty, no strings attached, but that's not what the EU requires.
__________________
Watch out Nokia, Pandora's box has opened (sorta)...
I do love explaining cryptic sigs, but for the impatient: http://www.openpandora.org/
Watch out Nokia, Pandora's box has opened (sorta)...
I do love explaining cryptic sigs, but for the impatient: http://www.openpandora.org/
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2008-11-08
, 21:36
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Posts: 1,137 |
Thanked: 402 times |
Joined on Sep 2007
@ Catalunya
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#27
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Originally Posted by Karel Jansens
The directive says otherwise (see articles 3 and 5)
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.
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.
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2008-11-11
, 13:53
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Posts: 2,669 |
Thanked: 2,555 times |
Joined on Apr 2007
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#28
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About a month after finally getting my developer discount N810, the battery has taken a dirt nap. Arrrgh.
Watch out Nokia, Pandora's box has opened (sorta)...
I do love explaining cryptic sigs, but for the impatient: http://www.openpandora.org/