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| Authored by: Anonymous on Tuesday, January 15 2013 @ 08:26 PM EST |
What you say doesn't make sense. This is all about consumer protection.
Anything between seller and manufacturer is between two companies, no
consumer
protection laws have anything to do with this. There will be some
contract
between seller and manufacturer, and they are free to negotiate the
terms. Why
would a consumer protection law say anything about contractual
relationships
between two companies? [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, January 17 2013 @ 01:43 AM EST |
| Did you read the directive yourself? The producer and seller may agree on
anything they like. It says: "whereas this Directive does not affect the
principle of freedom of contract between the seller, the producer, a previous
seller or any other intermediary;". In most contracts the producer makes
sure all the claims should be handled by the seller.
The entire section is
this:
(9) Whereas the seller should be directly liable to the consumer for the
conformity of the goods with the contract; whereas this is the traditional
solution enshrined in the legal orders of the Member States; whereas
nevertheless the seller should be free, as provided for by national law, to
pursue remedies against the producer, a previous seller in the same chain of
contracts or any other intermediary, unless he has renounced that entitlement;
whereas this Directive does not affect the principle of freedom of contract
between the seller, the producer, a previous seller or any other intermediary;
whereas the rules governing against whom and how the seller may pursue such
remedies are to be determined by national law;
See http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:EN:
HTML for the entire text. [ Reply to This | Parent | # ]
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