Grrrrr B&Q Grrrrrr

[Elessar]

From other threads here, I had the impression that's rather less than the PPro's warranty.

-- LSR

[Mathew Newton]

He he, you may have a point there!

[Peter Parry]

You need to change your FAQ - there is no such thing as a statutory warranty of any period much less for two years.

Hardly, as the 2 year limitations period set by the Urocrats is 4 years shorter than the equivalent period had been for years (and remains so) in the UK.

[Doctor Drivel]

If you can find out that it is, look at the other drills on show, then you have them.

[Doctor Drivel]

Randolph, is this now approved in the UK? Two year guarantee.

[dave]

why not try emailing the manufacturer and ask the question relating to the date? website is

Dave

[Doctor Drivel]

They have a pro-mo for a sliding saw cutting 300mm x 80mm for £99. That is an excellent price. PP grey model not the PP Pro.

[Rob Morley]

I make of it that UK law does not provide a statutory two year warranty period - common law is used to settle this sort of dispute.

[AlexW]

IME too...

I turned up with a PP Planer, burnt out, no box, no reciept, plenty of shavings, but irate as it was 3pm Saturday and I had to fit the bathroom door as I had visitors coming at 5pm. Money back bought a bosch on the spot.

Ryobi quick fit drill/driver set, no receipt, but snapped driver bits (they had been in a Dewalt XRP DD though - lotsa torque) exchanged the lot no problem.

Upmteen mitre saws exchanged, with reciepts tho'

Alex.

[Dave]

Is your sister bisexual then :-)

Dave

[Peter Parry]

Why? You can use your local small claims court.

Directive 1999/44/EC of the European Parliament and the Council of

25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees was implemented in UK law by Statutory Instrument 2002 No. 3045 The Sale and Supply of Goods to Consumers Regulations 2002 which came into force in May 2003. It has been UK law since then.

Neither SI2002/3045 nor Directive 1999/44/EC

provide for a 2 year warranty or guarantee.

The confusion has been caused by the sloppy language used by Brussels.

In your first reference the directive is described as :-

"Common position agreed by the Council on 23 April. The proposed directive, aimed at ensuring that EU consumers enjoy a uniform level of protection in the event of defective goods being purchased, provides in particular that:

the legal guarantee period will be two years with effect from delivery of the goods (a shorter period may be agreed between the seller and the consumer in the case of secondhand goods, although such period may not be less than one year);"

The word "guarantee" here means "guarantees of conformity" and simply creates a right to seek redress for goods not conforming to the contract of sale. It is defined in Article 5 of the directive. It remains up to the customer to prove the non-conformity with the contract existed at the time of sale. Guarantees (which are not mandatory) are described in Article 6.

In the UK the right to seek redress for non-conformity with the contract has existed in the Sale of Goods Act for many decades and is limited only by the Limitations Act which makes it impossible to bring a case after 6 years. In many European countries the absolute time bar for consumer contract claims came in at a much shorter time, typically three months to two years. The Directive raised these limits to a minimum of two years, the Uk chose to remain with a six year limit.

The clue is in the second reference you quoted:-

"The Directive lays down a common set of consumer rights valid no matter where in the European Union the goods are purchased. Central amongst these is that if goods are defective, or do not conform with the contract agreed at the time of purchase, consumers have a right of redress against the seller for two years after taking delivery of the goods. The consumer can request the goods be repaired, delivery of new goods, a price reduction on another purchase or a complete refund of their money. For six months after the delivery the burden of proof is on the seller not the consumer to prove that the goods sold conformed with the contract of sale and were not defective."

This is the right which exists in the UK limited only by the 6 years of the Limitations Act.

There is no EU statutory warranty.

[Dave]

The reason for that, is they have an arrangement with their suppliers to send back to them faulty goods and get a replacement in return.

Hence, it is not B&Q that lose out, but the supplier.

I would suggest that the OP goes back and argues his case again, even if he uses another store.

Dave

[Doctor Drivel]

No. She doesn't f*ck bikes. Are you a homotricycle?

[Dave]

snip

Another trick is to find out when that returns person's shift ends and pay a visit about 10 minutes before.

Dave

[Doctor Drivel]

What saws and what was wrong?

[Andy Hall]

I looked into this a while ago, John, and from what I could find, the wording in the final Directive ended up being a minimum of two years

*statute of limitations* related to consumer goods.

Before this, different member states had different periods of time for this, with some (IIRC Germany, which surprised me) having nothing explicit. The UK has had 6 for a long time.

However, in resulting consumer legislation, or (in Germany) by consumer groups pushing the issue, it was implemented as 2 years minimum warranty, but again only on a consumer purchase.

I had been looking into this for a product being sold in Germany on a business basis, and for that the legislation didn't apply.

Having said that, in this instance, I think that it would be difficult to make a small claims action stick unless Drivel were the judge (but let's not go there)......

[Andy Hall]

I went into all of this a while ago in the context of some products to be sold in Germany. The situation there, and in a few other countries has been that either by misapplication of the Directives into local legislation or by misunderstanding and pressure by consumer groups, often the expectation of the customer has become a two year warranty.

Hence on quite a number of products, some manufacturers have gone for this simply because the cost of implementation is less than not getting the business in the first place or because they are doing an EU-wide warranty anyway.

[Dave]

EXCELLENT - I didn't even think of looking for a website, I assumed it was an own brand. THANKS

Dave

[Peter Parry]

The directive, as with many EU directives, has indeed been misunderstood by many. In particular by those who attempted "interpretation" based upon the summary rather than the directive itself. It has led to a number of manufacturers, as you say, offering two year warranties so in this case I'm all for confusion taking place :-).

It was quite interesting, although depressing, during the run up to implementation to see the responses from many UK trade and professional organisations who had no idea they were already liable for up to 6 years and arguing that two was too long.

[Mark]

Quote; 'Performance Power Tools' is a trading name of B&Q plc.

try Ningbo YAT Power Tools Co Ltd Zhejiang China

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