Warranty without invoice but assign production date?
November 24, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello;
I bought an LCD television around November 20, 2008. Now it is defective and I would like to initiate a repair order through LG, but unfortunately I no longer have the purchase receipt. However, the production date on the back indicates that it was only produced in October 2008. But LG refuses to acknowledge this. Am I in the right? Since the production date clearly indicates that I still have warranty until October 2010.
I hope you can help me and remain.
Sincerely
Sebastian Diel
Dear inquirer,
Thank you for your inquiry!
Taking into account the information provided by you, I am happy to summarize and answer your questions as follows:
First of all, I would like to point out the difference between the terms "guarantee" and "warranty."
If the manufacturer or seller has provided a guarantee for the television, you generally have rights during the guarantee period, which are based on the content of the guarantee contract, usually leading to a replacement or repair in practice.
Warranty rights, on the other hand, are granted by law, specifically under §§ 433, 434, 437, 439 BGB.
You can assert warranty claims within two years of the transfer of the purchased item. However, warranty rights apply only if the television was defective at the time of transfer, back in 2008 (this is the difference from a guarantee, where you have rights even if the defect occurs during the guarantee period, after the transfer).
If it is indeed a guarantee, it is essential to consider the content of the guarantee contract. It is necessary to present a proof of purchase, or at least some form of evidence.
In this case, having a receipt is not always necessary unless the guarantee contract explicitly states otherwise. It may suffice to have a witness who can confirm that you bought the television at a certain time.
The manufacturing date is not crucial in my opinion. What matters is proving that the defect occurred during the guarantee period or falls under warranty as described above.
I hope that my explanations have been helpful to you. Feel free to contact me through the follow-up option on this portal or via my email address.
Lastly, please note that my legal advice is based solely on the information provided by you. It is only an initial legal assessment and not a comprehensive evaluation. Providing additional information or omitting relevant details may lead to a different legal outcome.
I wish you a pleasant Tuesday afternoon!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
