Guarantees

Manufacturer’s Guarantee

A manufacturer’s guarantee or warranty is usually a written undertaking to repair or replace defective goods within a certain time.  The terms of a manufactures guarantee or warranty depends on what is offered. It may be possible to purchase additional or enhanced guarantee cover.

Regulations make provision for consumer guarantees. Guarantees are of direct legal effect between the business giving the guarantee and the purchaser.   The guarantor must set out in plain language the contents of the guarantee and the essential particulars necessary for making the claims. The guarantee is to be made available in writing or in other durable medium.  The guarantee must be written in English if it is offered in the United Kingdom.  If the guarantor fails to comply with these requirements, the Office of Fair Trading has rights to take enforcement action.

Since 2005 retailers must apply extended warranties on domestic electrical goods under certain circumstances.  Consumers must be given the right to buy the extended warranty on the same terms up to 30 days after it has been offered in stores. The price of the extended warranty must be displayed next to the goods.  This can be done in store, in catalogues on websites or in price advertisements. Consumers must be provided with information about their statutory and cancellation rights as well as details about the extended warranty.

Consumers must be given a period during which they can cancel the extended warranty.

A guarantee is considered to be an agreement to provide a benefit in the event of the goods proving to be defective within a set time.  If goods were originally faulty then the consumer will still have rights after the guarantee period has expired.

Consumer Rights Act 2015

• Where a guarantee is provided with the goods without extra charge, it is deemed a legally binding guarantee.
• It must be written in plain intelligible language and if the goods are offered in UK in English.
• Include the name and address of the guarantor.
• State that the consumer has a statutory right regarding the goods which are not affected by the guarantee.
• State the duration and territorial scope of the guarantee.
• State the essential details for making claims under the guarantee.
• Be available to the consumer in writing and within a reasonable time.

Traders may not contract out of the above consumer statutory rights, and a term by which seeks to prevent the consumer from having access to the consumer rights and remedies or making exercise less attractive to the consumer either by making it more difficult or onerous or placing the consumer at disadvantage after doing so, is deemed void.