After some googling it appears as though the EC law should apply in this situation. I have just sent the following (supplier details removed):
On the 14th August 2008 I purchased a Canon EOS-40D serial number xxxxxxxxx from you.
On the 28/09/2009 (58 weeks after purchase) the camera developed a fault. Canon UK have advised that the camera will need to be returned to them for investigation and that this falls outside of the standard 12 month warranty offered by Canon.
My understanding is that under these conditions EU directive 1994/44/EC applies. I have attached a copy of the directive for your reference. This applies a 2 year guarantee to all consumer goods sold in the EU (see paragraph (17) ). However, the relevant articles are paraphrased below:
Article 3
Rights of the consumer
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.
3. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.
Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Article 4
Right of redress
Where the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the final seller shall be entitled to pursue remedies against the person or persons liable in the contractual chain. the person or persons liable against whom the final seller may pursue remedies, together with the relevant actions and conditions of exercise, shall be determined by national law.
The letter should be taken to form my notification of the non conformity relating to the EOS-40D camera.
I would therefore request that you arrange for a refund/repair/replacement to be authorised as soon as is practical under Article 3, Section 3.
I am writing to you as you are the ‘final seller’ is referenced in Article 4 below.
I look forward to your response,
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