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Herrington Carmichael: Commercial Law: Right To Repairs – Consumer Rights Extended?

by Advertising Feature
September 2, 2021
in Columns
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You may have seen in the news that new laws have been introduced granting consumers further rights to repair. But what do consumers and product suppliers need to know and do the laws do what they say on the tin?

Further consumer rights to repairs have effectively been introduced by the Ecodesign for Energy-Related Products and Energy Information Regulations 2021 (the ‘Ecodesign Regulations’) which are expected to improve the availability of repairs for consumers in relation to certain defective home appliances with effect from 1 July 2021. 

Although not directly intended as a consumer right, the Ecodesign Regulations provide consumers with greater access to repairs for longer periods of time than was previously provided under the Consumer Rights Act 2015 (‘the CRA’) in relation to certain products.

The Ecodesign Regulations – what’s changed?

The Ecodesign Regulations oblige manufacturers, authorised representatives and importers of certain products to make available to professional repairers certain types of spare parts for their repair. Consumers are also given greater access to spare parts, but the list of parts available to consumers is not as extensive as those available to professional repairers. There is also an obligation on such manufacturers, authorised representatives and importers to make greater information regarding repairs available to professional repairers. 

The products that these obligations apply to are:

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  • dishwashers
  • washer-driers
  • washing machines
  • refrigerators and
  • electronic displays (including televisions)

The repairs using these spare parts must also be possible to complete using commonly available tools, broadening the availability of such repairs for consumers.

The regulations therefore to not create a new absolute right to repair for consumers, but allows for greater access to repairs to the certain above-specified products.

How long must spare parts be made available?

Under the Ecodesign Regulations, depending on the type of product, spare parts must be made available for minimum periods ranging from 7 to 10 years. These time periods commence following the placement of the last unit of a particular model of an applicable appliance on the market, meaning that consumers will likely have longer than this depending on when they purchase the product.

Full article online – Read in full at www.herrington-carmichael.com

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