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EU court rules: full compensation for defective goods

  • 21-07-2011 10:03am
    #1
    heinbloed
    Registered Users, Registered Users 2 Posts: 1,632 ✭✭✭


    Last month the EU court ruled that defective goods which are purchased in DIY markets not only have to be taken back by the seller ('money-back guarantee') but all anxillary works have to be paid for as well.

    The case: a consumer bought floor tiles, got most of them installed and realized the material was faulty.
    The floor tiles had to be removed, dumped and new flooring had to be installed.
    The defending party(seller) wanted to compensate the tiles only.
    Not enough the EU court ruled: ALL costs caused by the faulty material have to be compensated: the removing of the defective floor tiles AND the new installation has be coughed up by the DIY market, for all costs the DIY market has to come up.

    See:

    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62009J0065:EN:HTML

    Good news for the DIYers !


Comments

  • #2
    Joey the lips
    Registered Users, Registered Users 2 Posts: 10,262 ✭✭✭✭Joey the lips


    This is interesting. However i though a merchant can have in the terms and conditions that "All goods must be installed by a competitent person" meaning for example if you take the issue above of the tiles if a professional tiler did not notice the defects before installing then his competence comes into question.

    What you think?


  • #3
    heinbloed
    Registered Users, Registered Users 2 Posts: 1,632 ✭✭✭heinbloed


    I would say that a paragraph in the trade/sale contract contravening EU consumer laws is illegal. Misleading the consumer.
    It usually says in the conditions after the usual paragraphs : "....this does not effect consumer rights."

    A "competent person" means nothing, it merely excludes the incompetent (for example illiterate -can't read the instructions, mentally or physically handicapped). Such a term does not exclude first time DIYers.

    "Be installed by a competent person" does not mean " product must be specified, installed and comissioned by trade professionals ".
    Such a translation would mean the end of most DIY traders, and many 'professionals' as well.

    The EU court ruled on consumer rights, the correct aproach was taken by the consumer and the case decided in his favour. The case was about faulty material, not about a faulty installation method.

    The only way to protect the material trader is to make sure no faulty material is delivered in the first place. And a proper insurance- in case it does happen.


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