A press release from the
Photo Imaging Council

This information may be freely reproduced, with a credit to PIC

30 June 1999 BP27 PRESS RELEASE EUROPEAN DIRECTIVE ON CONSUMER GUARANTEES The Directive on the Sale of Consumer Goods and Associated Guarantees comes into force on 1 January 2002. The draft Directive has to be approved by the Parliament and the Council of the European Union but this is regarded as a mere formality. It seems likely that the Directive will be implemented in the UK by regulations which will run alongside the Sales of Goods Act 1979. The members of the Photo Imaging Council desire that the provisions of the Directive are interpreted in the same way throughout the UK and the other 14 EU member states. This will benefit everyone: consumers, retailers and producers in the different EU member countries. The Photo Imaging Councilís interpretations conform to those of the DTI. The European Commission has a long term goal to decrease differences in national laws which distort the single market and it therefore aims to harmonise consumer protection law for those consumers who purchase defective goods. In the UK the Directive does this mainly by bringing other countries up to the UKís already high standards. It should not change relationships between a quality retailer and his customer. The Directive will provide a two year period of rights for the consumer who purchases goods with defects present at the date of delivery from the producer (ie the manufacturer or importer or someone purporting to be the producer who places his name or other sign on the goods). If a fault ëbecomes apparentí consumers will be entitled to a repair or replacement or price reduction or a refund within the two year period (Article 5.1). However, the Directive is NOT a durability measure and does not require that goods ñ such as certain types of film - should last for 2 years. Member states have the option of requiring consumers to inform the seller within 2 months from the date the lack of conformity was detected. If a defect appears within the first 6 months after purchase a seller must prove the product was sold without a defect. The lack of conformity is presumed to have existed at the time of delivery unless this is proved otherwise. Sellers must deliver goods to consumers which are in conformity with the contract of sale (Article 2). Thus goods should: Comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer in a sample or model Be fit for a particular purpose for which the consumer requires them and which he told the seller about when the contract was made and the seller accepted. Be fit for the purpose for which goods of that type are normally used. Show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect given the nature of the goods and taking into account ëany public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling ie no change from current UK law. If the consumer was aware of the lack of conformity when the contract was entered into, or could not unreasonably have been unaware of it, then there is no lack of conformity. Therefore, if the customer is told there is a scratch on the camera body, he cannot complain about it later. Article 3 entitles the consumer to have the goods brought into conformity by a free of charge repair or replacement or a reduction in the price or rescission of the contract. Article 3.3 provides that in the first place the consumer can require the seller to repair the goods or replace them free of charge ëunless this is impossible or disproportionateí. It will be disproportionate if it imposes costs on the seller which compared with the alternative remedy are unreasonable. Account is taken of the value of the goods if there was no lack of conformity, the significance of the lack of conformity and whether the alternative remedy can be completed without significant inconvenience to the consumer. The repair or replacement must take place within a reasonable time and without significant inconvenience to the consumer. If it is impossible or disproportionate to require the seller to replace or repair the goods, the consumer may then require a reduction in the price or rescind the contract. If the lack of conformity is minor the consumer is not entitled to rescind the contract. Thus a retailer will have need to discuss and negotiate a fair remedy with the consumer, as happens already. Article 4 gives the final seller the right (where the lack of conformity is caused by an act or omission by the producer) to pursue remedies against the person liable in the contractual chain unless the final seller has renounced that entitlement. The Article provides that national law will determine the person against whom the final seller may have remedies. A manufacturer's or retailer's guarantee will be legally binding under conditions laid down in the guarantee statement and associated advertising. The guarantee must state that the consumer's statutory rights are not affected by the guarantee. On request by the consumer the guarantee must be available in writing. Extended warranties are not covered by this legislation. Any term in an agreement with the seller which is made before the seller knows the goods are defective and which waives or restricts rights given by the Directive is not binding on the consumer. In conclusion, the consumer must pay for service due to customer misuse or fair wear and tear in the normal way. The Directive is not a "Guarantee" - the consumer has rights only if there was a fault at delivery. Customers cannot insist on automatic replacement, or other remedy, irrespective of the nature of the problem. The retailer's position has to be taken into account and both parties have to be reasonable. As long as everyone understands and interprets the intentions of the Directive's provisions in the same way, then this is an evolutionary step in consumer protection. ~ ends ~ Please contact the Photo Imaging Council if you would like this release e-mailed to you. Photo Imaging Council Orbital House, 85 Croydon Road Caterham, Surrey CR3 6PD Tel: +44 (0) 1883 334497 Fax: +44 (0) 1883 334490 E-mail: pic@admin.co.uk