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Question about Warranties/Guarantees

OK, I have a question for lawyers and such....


It seems that a law just went into effect in Switzerland that ensures all products purchased have a minimum of a 2 year warranty. Great. But, what about products whose manufacturers already provide a *longer* warranty, say 5 years or 10? Does the law *reduce* the manufacturer's warranty to be only 2 years or is the law intended to make sure *all* products have a *minimum* of 2 years?


Here's why I ask....


I fix computers. Often, I replace a client's hard disk because it's defective or because it's full. About 18 months ago, I bought a hard disk for a particular client and a month ago, it failed and needed to be replaced.


I know that most hard disk manufacturers have 2, 3 or longer warranties, so I checked the manufacturer's website, selected the correct region in the world (EMEA) and got the details. Turns out, it's got a 3 year warranty and they way to get service is.....go to the store where you bought it and they'll take care of sending it to the manufacturer.


I got the invoice, went to the store and said "It's broken. I want it replaced as per the manufacturers instructions." and they said "No."


The argument was essentially that "the law *requires* only one year," that the law *reduces* the manufacturers warranty.


This makes *no* sense to me and I may have missed some details, but, please can anyone shed some light on this?


The guy actually told me to contact the manufacturer in France to get it taken care of.


Oh. My. God.


 

The text you are quoting:

OK, I have a question for lawyers and such....


It seems that a law just went into effect in Switzerland that ensures all products purchased have a minimum of a 2 year warranty. Great. But, what about products whose manufacturers already provide a *longer* warranty, say 5 years or 10? Does the law *reduce* the manufacturer's warranty to be only 2 years or is the law intended to make sure *all* products have a *minimum* of 2 years?


Here's why I ask....


I fix computers. Often, I replace a client's hard disk because it's defective or because it's full. About 18 months ago, I bought a hard disk for a particular client and a month ago, it failed and needed to be replaced.


I know that most hard disk manufacturers have 2, 3 or longer warranties, so I checked the manufacturer's website, selected the correct region in the world (EMEA) and got the details. Turns out, it's got a 3 year warranty and they way to get service is.....go to the store where you bought it and they'll take care of sending it to the manufacturer.


I got the invoice, went to the store and said "It's broken. I want it replaced as per the manufacturers instructions." and they said "No."


The argument was essentially that "the law *requires* only one year," that the law *reduces* the manufacturers warranty.


This makes *no* sense to me and I may have missed some details, but, please can anyone shed some light on this?


The guy actually told me to contact the manufacturer in France to get it taken care of.


Oh. My. God.


 


ZonkerJan 15, 2013 @ 15:52
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Re: Question about Warranties/Guarantees
Post 1

Have a look here..  http://www.srf.ch/konsum/themen/multimedia/merkblatt-zu-garantiefristen


http://www.srf.ch/konsum/services/beratungsstellen/beratungsstellen-rechtsauskuenfte


Good luck!

The text you are quoting:

Have a look here..  http://www.srf.ch/konsum/themen/multimedia/merkblatt-zu-garantiefristen


http://www.srf.ch/konsum/services/beratungsstellen/beratungsstellen-rechtsauskuenfte


Good luck!


Lannah, Jan 15, 2013 @ 17:15
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Re: Question about Warranties/Guarantees
Post 2

Zonker, which retailer did this to you?

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Zonker, which retailer did this to you?


richardm, Jan 23, 2013 @ 12:57
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Re: Question about Warranties/Guarantees
Post 3

@lannah thanks for the links, but one just talks about the *new* law and how it offers a minimum..... I'll use the other link to contact someone, though.


@richardm Prodimex, but why is that relevant?


 

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@lannah thanks for the links, but one just talks about the *new* law and how it offers a minimum..... I'll use the other link to contact someone, though.


@richardm Prodimex, but why is that relevant?


 


Zonker, Jan 23, 2013 @ 14:25
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Post 4

Relevant because now I know to avoid Prodimex.  =)

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Relevant because now I know to avoid Prodimex.  =)


richardm, Jan 23, 2013 @ 14:34
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Post 5

well, if i can get an actual answer re: the law, then it won't matter.


 

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well, if i can get an actual answer re: the law, then it won't matter.


 


Zonker, Jan 23, 2013 @ 14:36
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Post 6

I think the truth might me in between. I think it's possible for the retailer to have a different warranty policy than the manufacturer. A lot of manufacturers state on their website that the warranty they advertise is only valid when you purchase in certain conditions (eg from "authorized" or "premium" dealers) and it can vary by geography as well.


It can be that the retailer is only held to provide the minimum warranty required by the law and not meet manufacturer's.


Like someone says the sensible thing to do would be to try and see if the manufacturer can push the retailer or if they are willing to make the exchange directly.

The text you are quoting:

I think the truth might me in between. I think it's possible for the retailer to have a different warranty policy than the manufacturer. A lot of manufacturers state on their website that the warranty they advertise is only valid when you purchase in certain conditions (eg from "authorized" or "premium" dealers) and it can vary by geography as well.


It can be that the retailer is only held to provide the minimum warranty required by the law and not meet manufacturer's.


Like someone says the sensible thing to do would be to try and see if the manufacturer can push the retailer or if they are willing to make the exchange directly.


catalin, Jan 23, 2013 @ 15:41
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Re: Question about Warranties/Guarantees
Post 7

Federation romande des consommateurs deals with warranties issues


www.frc.ch/categorie/droits-contrats/garanties/


www.frc.ch/articles/la-garantie-passe-a-deux-ans-sauf-pour-apple/


Cheers!


The text you are quoting:

Federation romande des consommateurs deals with warranties issues


www.frc.ch/categorie/droits-contrats/garanties/


www.frc.ch/articles/la-garantie-passe-a-deux-ans-sauf-pour-apple/


Cheers!



Selene S, Jan 23, 2013 @ 20:51
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Re: Question about Warranties/Guarantees
Post 8

The Swiss radio recently had a report about the new laws:


http://www.rts.ch/la-1ere/programmes/on-en-parle/4538060-on-en-parle-du-11-01-2013.html


Depuis janvier 2013, la garantie légale en cas de défaut est passée de 1 an à 2 ans, mais cette apparente bonne nouvelle comporte quelques failles. Notamment la possibilité, pour les vendeurs, de supprimer totalement la garantie. La loi dit que les vendeurs doivent offrir une garantie de deux ans, et qu'ils ne peuvent pas la réduire. Mais la loi ne dit pas qu'ils ne peuvent pas la supprimer. D'ailleurs certains magasins ont décidé de ne pas offrir de garantie pour les produits d'Apple.


I suggest listening to the whole report.

The text you are quoting:

The Swiss radio recently had a report about the new laws:


http://www.rts.ch/la-1ere/programmes/on-en-parle/4538060-on-en-parle-du-11-01-2013.html


Depuis janvier 2013, la garantie légale en cas de défaut est passée de 1 an à 2 ans, mais cette apparente bonne nouvelle comporte quelques failles. Notamment la possibilité, pour les vendeurs, de supprimer totalement la garantie. La loi dit que les vendeurs doivent offrir une garantie de deux ans, et qu'ils ne peuvent pas la réduire. Mais la loi ne dit pas qu'ils ne peuvent pas la supprimer. D'ailleurs certains magasins ont décidé de ne pas offrir de garantie pour les produits d'Apple.


I suggest listening to the whole report.


tawb, Jan 23, 2013 @ 23:24
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Re: Question about Warranties/Guarantees
Post 9

Zonker, in your specific case, the disk was bought before the new law came into effect. Therefore, under the principle that no laws have retroactive effect, it is the requirements of the old law that should apply. However, in the radio programme I cited above, they gave some confusing descriptions about transient rules.


If it however were the new law that applied, it states that the vendor (the store) must provide two years guarantee. In that case that statement of the vendor would not be correct.


Note that I'm in no way a lawyer.


 

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Zonker, in your specific case, the disk was bought before the new law came into effect. Therefore, under the principle that no laws have retroactive effect, it is the requirements of the old law that should apply. However, in the radio programme I cited above, they gave some confusing descriptions about transient rules.


If it however were the new law that applied, it states that the vendor (the store) must provide two years guarantee. In that case that statement of the vendor would not be correct.


Note that I'm in no way a lawyer.


 


tawb, Jan 23, 2013 @ 23:24
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