guarantee law

[xraanswerban]

Is there a 6 years retailers guarantee on all electrical good bought in the uk

[Buenchico]

(Mult-part post):

Generally yes, but there are some conditions.

Obviously, some items (e.g. batteries) aren't expected to last 6 years, so there have to be some exclusions. Otherwise the rules can be summarised as follows:

1. There is an initial 'pre-acceptance' period. This gives the purchaser time to take the item home (or have it delivered) and check that it's working properly. If a fault is found during this period, the purchaser has the right to receive a full refund of the money he paid for the item. (Of course, the purchaser can accept a replacement item, a credit note or a repair of the original item, if he chooses to do so, but he has the right to receive a full refund of his money).

The duration of the 'pre-acceptance' period is not defined by law. For some purchases, it might only last a day or two but it can be considerably longer in some cases. (e.g. if someone purchases a combined radio and CD player, primarily to use it as a radio, they might not discover a fault with the CD function until several weeks after purchase. A court might rule that the purchaser had not legally 'accepted' the product before discovering the fault).

As soon as an item has been 'accepted' by the purchaser, he loses the right to receive a refund if a fault develops. This takes us to the next period:

[Buenchico]

2. If a fault develops (after the item has been accepted) within 6 months of the purchase date, the law assumes that, unless there is clear evidence to the contrary (such as a large dent, indicating that the item has been dropped), the fault was 'due to an inherent defect'. This means that the fault was present at the date of purchase (e.g. because the item contained poor quality components or had been poorly manufactured). The retailer is then responsible for remedying the fault. The retailer has the right to choose whether to get the item repaired or to offer a replacement. (When the retailer chooses the repair option, he is also obliged to minimise any inconvenience to the purchaser, e.g. by providing a loan item while the defective product is being repaired).

3. From the 6 month point, up until 6 years after the date of purchase, the retailer remains obliged to remedy (by repair or replacement, at his discretion) any fault which arises due to an inherent defect. However, there is no longer an automatic assumption that any fault which develops must be due to such a defect. During this period, it's up to the purchaser to show (based upon 'the balance of probabilities) that the most likely cause of the fault was an inherent defect. With some items there are very few possible causes for faults to develop, other than defective components or poor manufacture. With others (e.g. modems, which are frequently 'zapped' by electrical storms), most faults probably have nothing to do with inherent defects.

[Buenchico]

If your question relates to a specific problem you've experienced with an electrical item (rather just being asked out of curiosity) I suggest that you should make it clear to the retailer that you believe the fault with the item is due to an 'inherent defect'. (Use phrases like "I'm sure that a court would rule, based upon the balance of probabilities . . .". Just mentioning courts is often enough to jolt retailers into action!).

Chris

PS: A couple of extra points:

1. The rules don't only apply to electrical items. They apply to all purchases. However this remains subject to the concept of a 'reasonable product lifespan'. e.g. you can't expect a set of wiper blades for your car to last for 6 years!

2. The courts have ruled that, excluding products which clearly have a limited lifespan, the 6 year period is the minimum period during which a retailer must remedy faults which are due to inherent defects. It's possible that the purchaser might still retain some rights even after 6 years.