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IS there a two year reasonable expected lifespan clause in Sale of Goods Act

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  • 09-09-2016 3:08pm
    #1
    TheIrishGrover
    Registered Users Posts: 6,080 ✭✭✭


    I know there is in EU regulation 1999/44/EC (Article 3:1-6/Article 5:1 I believe). But I think Ireland is excluded from this and I can see no mention of an expected lifespan term (Simply fit for purpose). I have a high-end TV that developed fault after 18 months.
    I have looked up the Sale of Goods and Supply of Services Act, 1980 but it's indecipherable. I have checked the through a good few of the threads as I didn't wanna dig up something that's been answered a dozen times before, but could not see anything.

    Cheers folks.


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    #2
    L1011
    Registered Users Posts: 69,028 ✭✭✭✭L1011


    There isn't. You've got a six year limitation on claims here but it is down to the courts to decide reasonable lifespan if required as well as reasonable value. You may be awarded a reduced amount rather than the original or replacement cost, for instance.


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    #3
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    Directives need to be transposed into national laws for them to have effect between private parties. Here is the relevant Statutory Instrument. It's a relatively easy read and God love you for trying the Sales of Goods Acts!

    Everything you buy is different, cut flowers can't be expected to last two years a TV should last alot longer than 5 years. You may enforce your rights under simple contracts for a period of 6 years, after that the Statute of Limitations kicks in. The SoL is an example of the legal concept of 'a shield not a sword' in that it is possible for you to try and enforce after 6 years the other party have to raise the SoL, but I digress.

    The Italians amongst others had a very short period in which you could enforce your rights in consumer contracts. Therefore the directive gave this two year period. Directives are meant to harmonise law they don't impose it so Ireland kept her 6 year limit, Italy had to impose a 2 year limit (or longer). Now all of this has probably caused you to nod off, and that's fine - it caused most people to nod off so misinformation started to abound that there was a 'two year warranty from the EU law Gods'. That piece of misinformation became so widespread, that most manufacturers now actually give a two year warranty, they're under no obligation to.

    Potted history aside you just need to go back to the place you purchased it, you should have a replacement or a repair fairly quickly - another thing that SI introduced as an onus of the retailer not to cause significant inconvenience customers. While pretty wooly it's there to stop retailers taking weeks and weeks to get something sorted. There's no need to start thinking about laws and Small Claims Procedures just yet.


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