Einde inhoudsopgave
Principles of European Law: Sales
Artikel 6:103 Obligation to provide guarantee document
Geldend
Geldend vanaf 01-12-2004
- Redactionele toelichting
De dag van de datum van afkondiging is gezet op 01.
- Bronpublicatie:
01-12-2004, Internet 2004, www.sgecc.net (uitgifte: 01-01-2004, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-12-2004
- Bronpublicatie inwerkingtreding:
01-12-2004, Internet 2004, www.sgecc.net (uitgifte: 01-01-2004, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Verbintenissenrecht / Overeenkomst
(1)
A person who gives a consumer goods guarantee must provide the buyer with a guarantee document which:
- (a)
states that the buyer has legal rights which are not affected by the guarantee;
- (b)
lists all the essential particulars necessary for making claims under the guarantee, notably:
- —
the name and address of the guarantor,
- —
the name and address of the person to whom any notification is to be made and the procedure by which the notification is to be made;
- (c)
points out the advantages of the guarantee for the buyer in comparison with the conformity rules;
- (d)
is drafted in plain, intelligible language; and
- (e)
is drafted in the same language as that in which the goods were offered;
unless such a document has already been provided to the buyer.
(2)
The guarantee document must be on paper or in another durable medium and be available and accessible to the buyer.
(3)
The validity of the guarantee is not affected by infringement of the requirements of paragraphs (1) and (2), and accordingly the guarantee holder can still rely on the guarantee and require it to be honoured.
(4)
If the requirements of paragraphs (1) and (2) are infringed the buyer may, without prejudice to any right to damages which may be available, require the guarantor to provide a guarantee document which conforms to those requirements.