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10 / 09 : Shopping : 2 years warranty on vacum cleaners  -   posted by : at 00h37 the 15/04/2005
Source : europa.eu.int/scadplus/
Someone posted a message on apple.lu forums about Apple and warranty. So I have decided to search Luxemburg’s legislation and I found an article from Luxemburgish Consumer Union. This article warn Luxembourg’s consumers about misleading warranty advertising !

Then, while surfing the web and saw on insanely-great.com, a news from someone complaining about the duration of Apple warranty. At the bottom of the news someone else point out that in Portugal Apple offers 2 years warranty on their products.

Willing to know more about it, I start another query and found that the Consumers Council held on the 28 April 1998 a meeting about the proposal of a European directive about sale of consumer goods and associated guarantees.

This proposal issued to the following european directive .

The objective is to ensure a minimum protection for consumers about warranty of goods they buy.

Which goods are concerned ? Any good except the one sold by way of execution, and services (water, gas that aren't sold in limited volume as electricity), the same way are excluded refurbished products.

Duration : The warranty or so called guarantee last for 2 years.

In case of problems in the first 8 month (6 month for the defect to appear and 2 month for the buyer to complain) following the purchase :
It’s the reseller that needs to prove that the defect didn’t exist before the purchase. Except if the producer (knowing the problem) hasn't informed the reseller of the defect, or if the reseller informed the buyer about the defect, or if it's proven that the defect hasn't influenced the buyer. In such case (eg: PowerBook battery) it is the producer responsibility to replace the machine, or mend it. Then the reseller is entitled to pursue the producer (or responsible), conforming national laws.
So the buyer may, in the first 8 month following the purchase or if he proves that the good was defective :
Either ask for the good to be repaired, or replaced in a reasonable period of time without major inconveniences (eg: someone who works with his PowerBook may ask for a replacement Macintosh).
If this isn't done the buyer may ask for an appropriate (price) reduction or the purchasing contract to be rescinded (cancelled).

When the period of 8 month is passed, the buyer will need to prove that the defect existed before he bought the good, except opposite statement in the warranty. And so for a 24 month period.

Another remarks need to be pointed, the reseller need to respect it's own warranty, but the buyer isn't "linked" to restrictive statement of such warranty (the one that are in opposition to the European directive .

NB: This news is inspired from a (European) directive. And that directive needs to be implemented in member states legislation.

Luxembourg Achats

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