Crosswords1 min ago
Exterior light fitting instructions, 'not in English'.
Today i bought an exterior electrical security light from Jewsons. I was surprised to see that the fitting/connection booklet was in Dutch,French, German, Swedish and Dutch- not in English. The light is infact a fairly simple item and i should be able to connect it without direction, however, i would be interested to know whether Jewsons' are acting within the law through selling such items without fitting instructions in English. Thanks!!!!!!
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Our legal system works in such a way that the exact legality, or otherwise, of certain actions aren't made clear until a test case comes before the courts. I doubt that the requirement to include instructions in English has ever been tested, so it's likely to be a grey area.
Electrical fittings don't necessarily have to be supplied with any instructions. The trade counter at an electrical wholesalers will supply plenty of items with no packaging or documentation whatsoever. Jewson's advertise themselves primarily as a trade supplier, so they might be safe to provide items with no (valid) instructions.
However, if an item is advertised as 'complete with instructions' and it's not provided with any (comprehensible) instructions, the vendor has clearly not fulfilled his contractual obligation to provide the item as offered for sale.
Similarly, if the purchaser could reasonably expect to be provided with instructions (in English), it could reasonably be argued that the item was not sold 'fit for purpose'. (As an analogy, suppose that somebody buys a new car and finds that the handbook is missing. He approaches the retailer who says "If you want a handbook, we'll have to order one. It will cost you �20". Under those circumstances, it's likely that a court would rule that the handbook should have been provided, free of charge, with the car as any reasonable purchaser would expect it to be included in the purchase, even if the vendor did not enter into any specific agreement to provide one).
As stated, the exact legality would have to be decided by a court of law but it would come down to deciding whether the purchaser could reasonably expect instructions to be included.
Chris
Electrical fittings don't necessarily have to be supplied with any instructions. The trade counter at an electrical wholesalers will supply plenty of items with no packaging or documentation whatsoever. Jewson's advertise themselves primarily as a trade supplier, so they might be safe to provide items with no (valid) instructions.
However, if an item is advertised as 'complete with instructions' and it's not provided with any (comprehensible) instructions, the vendor has clearly not fulfilled his contractual obligation to provide the item as offered for sale.
Similarly, if the purchaser could reasonably expect to be provided with instructions (in English), it could reasonably be argued that the item was not sold 'fit for purpose'. (As an analogy, suppose that somebody buys a new car and finds that the handbook is missing. He approaches the retailer who says "If you want a handbook, we'll have to order one. It will cost you �20". Under those circumstances, it's likely that a court would rule that the handbook should have been provided, free of charge, with the car as any reasonable purchaser would expect it to be included in the purchase, even if the vendor did not enter into any specific agreement to provide one).
As stated, the exact legality would have to be decided by a court of law but it would come down to deciding whether the purchaser could reasonably expect instructions to be included.
Chris
There's an EU directive that equipment must be designed so that it can be safely assembled and used and that instructions and information required for the equipment to be used safely must be marked on the equipment or in an accompanying notice. Assume that this light is 'equipment' With that proviso:
That might cover it. Question 1: whether this piece of equipment can be safely assembled and used if it's possible to innocently assemble it in a way which is dangerous. Question 2 :whether the way of ensuring that it's correctly assembled and used is to provide instructions .It's common sense that instructions which were only in a language other than that of the member state in which the goods were supplied, the directive would not be complied with [pause for a great cry of "When has common sense been common law, let alone European law ? "]
If the answer to both is 'yes' then it seems that it is illegal to supply this light without instructions in English
That might cover it. Question 1: whether this piece of equipment can be safely assembled and used if it's possible to innocently assemble it in a way which is dangerous. Question 2 :whether the way of ensuring that it's correctly assembled and used is to provide instructions .It's common sense that instructions which were only in a language other than that of the member state in which the goods were supplied, the directive would not be complied with [pause for a great cry of "When has common sense been common law, let alone European law ? "]
If the answer to both is 'yes' then it seems that it is illegal to supply this light without instructions in English
Must learn to edit carefully before submitting ! To Question 1 I mean 'yes ' to whether it is possible to innocently assemble it in a way which is dangerous.(If so, it's submitted that the equipment can't be equipment which is within the overall definition of 'equipment which can be safely assembled and used')
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