<\/p>\n
Say a consumer in Germany buys a laptop. Then the screen fails 14 months later, prompting the buyer to request a free repair or replacement. A U.S. merchant might refuse, citing expiration of the manufacturer\u2019s 1-year warranty. But an E.U. seller has no such option.<\/p>\n
In the European Union, every consumer good carries a statutory guarantee<\/a> that sellers must honor. For U.S. and other foreign brands, the guarantee is consequential and frequently misunderstood. They apply domestic warranty practices to E.U. sales, a big mistake.<\/p>\n Consumers in Europe enjoy statutory guarantees on product purchases.<\/p>\n<\/div>\n No federal law in the U.S. requires a merchant to provide a warranty. Coverage typically comes from two sources. The first is implied warranties of merchantability under each state\u2019s version of the Uniform Commercial Code, meaning goods must work as a buyer would reasonably expect. The second is any express written warranty the seller chooses to offer.<\/p>\n Implied warranties are often limited or excluded with conspicuous \u201cas is\u201d or \u201cwith all faults\u201d language, though some states restrict this for consumer goods. The federal Magnuson-Moss Warranty Act requires written warranties to be labeled \u201cfull\u201d or \u201climited,\u201d with plain disclosure, and bars sellers from disclaiming implied warranties once a written warranty is offered. But the Act does not force any company to warrant a product.<\/p>\n Warranties are different in the E.U. Under the Sale of Goods Directive<\/a>, effective January 2022, every consumer good carries a guarantee of conformity of at least two years. Goods must match the seller\u2019s description and be fit for normal use. If not, buyers are entitled, in order, to (i) a repair or replacement, or (ii) a price reduction or refund.<\/p>\n Moreover, the liability rests with sellers, not manufacturers. Merchants cannot upstream the claims. Plus, in most member countries, any defect<\/a> that appears in the first year is presumed to have existed at the time of delivery. The seller must prove otherwise. Sellers cannot replace or narrow the guarantee with a commercial warranty.<\/p>\n The most common mistake of U.S.-based sellers is assuming native rules apply. An \u201cas is\u201d sale, a short return window, or a \u201csatisfaction guarantee\u201d badge does nothing to limit the two-year requirement.<\/p>\n A second mistake confuses returns with warranty. The E.U.\u2019s distance-selling withdrawal right<\/a> (typically 14 days to cancel without reason) is separate from the faulty goods guarantee.<\/p>\n A third is treating \u201cthe E.U.\u201d as a single entity. Member states vary on the length of the burden-of-proof period, language requirements, and local procedure.<\/p>\nU.S. Warranties<\/h3>\n
E.U. Guarantees<\/h3>\n
Traps for U.S. Merchants<\/h3>\n