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Faulty Nintendo Screen

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  • 11-02-2013 3:29pm
    #1
    Mimikyu
    Registered Users Posts: 18,919 ✭✭✭✭


    This post has been deleted.


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    #2
    dilallio
    Registered Users Posts: 2,728 ✭✭✭dilallio


    I think if you want to file a claim under the law that the product has to last a reasonable amount of time, you have to file it against the retailer. Not sure what happens in this case, where the retailer is HMV.


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    #3
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,320 CMod ✭✭✭✭Nody


    If memory serves it goes from retailer to the manufacturer only if the selling company goes belly up; with HMV only being in administration I'd guess they are still the once you'd need to claim towards them first.


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    #4
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Captain Morgan wrote: »
    This post has been deleted.

    Nintendo are correct it is out of guarantee - the promise made by the manufacturer. The sale of goods acts make no reference (not even reasonable time) that a guarantee has to be provided for. This is a statutory conferment not a contractual one.
    Captain Morgan wrote: »
    This post has been deleted.

    Under Irish consumer law the item must last for a reasonable amount of time, the limit to this is governed by the statute of limitations and is six years. That's not to be confused with a six year warranty. However - this is all to do with your contract - which only exists between you and the retailer which is now gone I'm afraid.

    [There would be an argument to be made in England that the guarantee could be subject to the reasonable time issue but privity of contract in Ireland has no statutory exception as it does in England.] (Can ignore that bit a bit technical there for interest sake)

    A directive was issues by Europe that consumer goods had to be covered for a minimum period of two years in 1999. Ireland got around to complying with this in 2003 (directives have to implemented in local law). However they interpreted the two years as a limitation period (probably rightly so) and concluded that as Ireland's limitation period was six years that portion did not apply. They also interpreted it as only applying to consumer contracts and no to the statutory conferment of a guarantee.


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