4 Amendments of Claude TURMES related to 2015/0288(COD)
Amendment 259 #
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities, durability and performance capabilities which are normal in goods of the same type and which the consumer maycan expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 280 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within two years from the time indicated in paragraphs 1 and 2 ishall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity. Where a consumer can reasonably expect the lifespan of the goods to be longer than two years, and the lack of conformity becomes apparent within that period, that lack of conformity shall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 316 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the seller remedies the lack of conformity with the contract by replacement, the seller shall take back the replaced goods at the seller's expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller's attention by the consumer.
Amendment 360 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. Where the consumer can reasonably expect that the lifespan of a product is longer than two years, and the lack of conformity becomes apparent within that lifespan, the consumer shall also be entitled to a remedy for that lack of conformity. In order to determine the lifespan of a product which is reasonable for the consumer to expect, all circumstances shall be taken into account, including in particular: (a) durability requirements laid down by product-specific legislation, or (b) durability information indicated in any pre-contractual or public statement made by the seller, or, where relevant, by other persons in earlier links of the chain of transactions, including the producer. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contracthe time limit specified in the first subparagraph of this paragraph.