Ireland - Sales Service/Customer Support Ireland - Sales Service
The provision of after-sales parts and service is essential and should be taken into account when entering into an agreement with an Irish partner. There are also a number of independent after-sales, warranty and product servicing organizations specializing in specific business sectors.
Because of the differences between EU member states in relation to labeling, legal guarantees and liability, suppliers from outside of the EU should be aware of existing and upcoming legislation affecting sales, service and customer support and monitor EU initiatives aimed at harmonizing national legislation.
Product Liability
Under the 1985 Directive on liability of defective products, amended in 1999, the producer is liable for damage caused by a defect in a product. The victim must prove the existence of the defect and a causal link between defect and injury (bodily as well as material). A reduction of liability of the manufacturer is granted in cases of negligence on the part of the victim.
Key link:
Single Market Goods Product Liability: http://ec.europa.eu/growth/single-market/goods/free-movement-sectors/liability-defective-products_is
Product Safety
The 1992 General Product Safety Directive introduced a general safety requirement at the EU level to ensure that manufacturers only place safe products on the market. It was revised in 2001 to include an obligation on the producer and distributor to notify the Commission in case of a problem with a given product, provisions for its recall, the creation of a European Product Safety Network, and a ban on exports of products to third countries that are not deemed safe in the EU.
The European Commission has proposed the Product Safety and Market Surveillance Package, a new package of legislative and non-legislative measures to improve consumer product safety, strengthen market surveillance of products in the EU, and bring the single market closer together. The legislation is undergoing further review at this time.
Key link:
Consumers Safety: http://ec.europa.eu/consumers/safety/prod_legis/index_en.htm
Legal Warranties and After-sales Service
Under the 1999 Directive on the Sale of Consumer Goods and Associated Guarantees, professional sellers are required to provide a minimum two-year warranty on all consumer goods sold to consumers (natural persons acting for purposes outside their trade, businesses or professions), as defined by the Directive. The remedies available to consumers in case of non-compliance are:
- Repair of the good(s);
- Replacement of the good(s);
- A price reduction; or
- Rescission of the sales contract.
Key link:
Consumers Rights: http://ec.europa.eu/consumers/rights/gen_rights_en.htm
Other issues pertaining to consumers’ rights and protection, such as the New Approach Directives, CE marking, quality control and data protection are dealt with in other sections of this report.