ProfJohnL said:
Hello Grahamh
No manufacture is legally obliged to offer a warranty to the end user so technically it is a gift from the manufacturer to the end user, consequently the manufacturer can put as many terms and conditions as they like into the warranty documents. They can choose whether or not to allow transferable warranties, or whether to allow it on only certain items, and they can set strict timetables for service and inspection, which you have to adhere to if you want the warranty cover to persist.
THe manufacturers warranty can never cancel your statutory rights under the Sale of Goods Act, but those rights are established as a result of your purchase, and they only exist between you and your seller which in the case of a new caravan will be a dealer, or finance house if you have used a credit agreement.
this is at odds with EU diretives.... as a caravan is still goods i wonder if this could be applied to them...example.......
Sounds complicated?For example, the plasma TV you bought five months ago stops working without explanation and you return to the shop you bought it from, expecting a refund. The store manager is reluctant but can find no explanation for the fault. There are no scratches or damage to show it has been dropped, or signs of water damage. Complying with the Sales of Goods Act, he understands without such proof he must refund you money. But were the fault to develop at seven months, he would not need such proof. The TV may show no signs of damage or misuse, but the store manager no longer needs to show there was any. Instead, you must show to him that there was a shoddy component or design fault that caused the problem. In the absence of these things, he is under no obligation to return your money. In reality, most retailers offer returns policies that extend this 6-month period to 12 months. But after that refunds are hard to come by.So how does the EU rule change things?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.