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is a guarantee and/or warranty transferable?

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  • 15-10-2020 10:43am
    #1
    ArrBee
    Registered Users Posts: 790 ✭✭✭


    I've done a bit of searching and can't find the answer I am looking for.

    I'm wondering if by either EU or Irish law, the initial guarantee must follow the product regardless of any subsequent 2nd hand sales, or if a manufacturer has the right to claim that it is "not transferable"?

    I guess I'm curious in the same way about warrantys too.


    The sticky post here: https://www.boards.ie/vbulletin/showthread.php?t=291266
    contains this hint:
    Guarantees

    Where a person deals as consumer a guarantee is a bonus and cannot affect or take away the consumer's legal rights against the retailer. A consumer may opt to claim under a guarantee but cannot be obliged to do so. A guarantee may be useful to a third party however as it extends to anyone possessing the goods during the guarantee period.

    But if anyone has something that could be shown to a manufacturer or reseller to support an obligation to honour the initial guarantee period for subsequent owners, I would be grateful.


Comments

  • Options
    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Some manufacturers will offer a transferable warranty / guarantee but there is no obligation to do so. Your statutory consumer rights, which are usually much stronger, are not transferable.


  • Options
    #3
    ArrBee
    Registered Users Posts: 790 ✭✭✭ArrBee


    Samuel T. Cogley wrote: »
    Some manufacturers will offer a transferable warranty / guarantee but there is no obligation to do so. Your statutory consumer rights, which are usually much stronger, are not transferable.

    Thanks for replying.
    This surprises me. I thought at least the statutory rights in the EU (2yrs guarantee, + minimum service life) would at least apply, even is the retail guarantee wasn't transferable.

    Good to know as it reduces the value of a 2nd hand product I was looking at.


  • Options
    #4
    Del2005
    Registered Users Posts: 18,871 ✭✭✭✭Del2005


    ArrBee wrote: »
    Thanks for replying.
    This surprises me. I thought at least the statutory rights in the EU (2yrs guarantee, + minimum service life) would at least apply, even is the retail guarantee wasn't transferable.

    Good to know as it reduces the value of a 2nd hand product I was looking at.

    Ireland never implemented the EU 2 year warranty as our consumer protection laws are better.

    Are you buying from a business or private? From a business you will have consumer protection regardless of the product being 2nd hand, private is buyer beware.


  • Options
    #5
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    While I'm not going to engage in the argument again here, look up the xbox controller thread if you want that, the two year warranty does apply in Ireland. One should note however that after six months the onus of proof shifts to the buyer.

    The two year right is only available to the buyer though AFAIK. It's not a guarantee but a consumer right.


  • Options
    #6
    ArrBee
    Registered Users Posts: 790 ✭✭✭ArrBee


    Thanks for that guys.

    For my situation I am looking at a private purchase that is within the guarantee (and advertised as a benefit of the product) but when I contacted the manufacturer they said they wouldn't honour it after the product transfers.
    I was just trying to work out if they could legally take that position.
    Seems I have my answer!

    Cheers


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