2016.01.27

Burden of proof during the warranty period

A customer complained about an online purchase after nine months, because the customer discovered that only three out of four hotplates indicated full power on the stove and requested a cancellation or replacement of the stove.

The business owner, without examining the stove, had claimed to the customer that since the customer had not demonstrated that the stove had been connected by a licensed electrician, there was no original fault.

ARN noted that the product was sold with a 1-year warranty and during the warranty period the trader has the burden of proof to investigate the fault. A blank statement without investigation that it was installed incorrectly is therefore not enough. ARN gave the customer the right to cancel the purchase.