Other regulatory requirements specific to electrical products

Transcription

1 PLEASE NOTE THAT THIS PACK WAS ORIGINALLY DESIGNED TO BE PRINTED DOUBLE-SIDED. SOME BLANK PAGES HAVE BEEN REMOVED FROM THIS ONLINE VERSION IN ORDER TO MINIMISE WASTED PAPER. THE PAGE NUMBERING IS THEREFORE NOT ALWAYS CONSECUTIVE. Lincolnshire COUNTY COUNCIL Electrical Goods This pack is intended to provide reference material for businesses on the rules relating to the selling of electrical goods, whether new or second hand. At Lincolnshire County Council Trading Standards, our aim is to assist Lincolnshire businesses to comply with current legislation. We have put this information pack together so that we can help your business to comply with the law in this area. Whilst we appreciate that Trading Standards regulations can be, and often are, complex, they are necessary in order to look after legitimate businesses producing and selling safe products in a fair manner, and to protect them from unfair competition. At Trading Standards we are here to help you at an early stage to assist your business to anticipate and react to potential problems from the start. This pack includes information on: General Safety Requirements. Other regulatory requirements specific to electrical products Energy Efficiency Ratings Extended Warranties Please bear in mind that legislation other than detailed in this pack also exists which may have further specific requirements that you will need to comply with, such as Sale of Goods, Trade Descriptions, Pricing etc. Lincolnshire County Council Trading Standards Service may also have guidance notes on such legislation therefore please ask us for further assistance. Version 1.2 Nov 07

2 Electrical Goods Contents General Safety Requirements 1 Energy Efficiency 3 Extended Warranties 5 Useful Contacts 7 These notes are for general guidance only. They should not be taken as an authoritative view of the law. If in any doubt about your responsibilities under the law, please contact Trading Standards.

3 1 Electrical Goods General Safety Requirements The Electrical Equipment (Safety) Regulations 1994 apply to all electrical equipment that is designed or adapted for use between 50 and 1,000 volts or 75 and 1,500 volts. The Regulations cover both domestic electrical equipment and equipment that is intended for use in the workplace, including component parts whether new, second-hand or for hire. What do the Regulations require? All Electrical Equipment must: Be safe Be constructed in accordance with principles constituting good engineering practice, and in particular protecting against electric shock Conform to the essential safety requirements, which include: Being marked with manufacturer's brand name or trade mark Being designed so that can be safely and properly assembled Having instructions for safe use either on the equipment or in an attached document. New Electrical Equipment New goods should also bear the CE mark and have related technical information to show their conformity, such as: a description of the electrical equipment, the last 2 digits of the year in which the CE marking was affixed the name and address of the manufacturer or his authorised representative a reference to the harmonised standards that the equipment complies with, OR if no harmonised standard then other specifications that the equipment complies with, such as being tested by a notified body, This must be done by the manufacturer of the goods and either they or their representative within the EEA must hold an EC declaration of conformity and the technical documentation for the product. This information must be able to be produced for inspection by enforcement bodies (Trading Standards). This information should be kept for a minimum period of 10 years after manufacture of the product has ceased.

4 2 Other Regulations which affect electrical goods Electromagnetic Compatibility Regulations 1992 Requires Electrical and Electronic equipment either made in or imported into the United Kingdom for sale to: be constructed so as not to cause excessive electromagnetic interference or be affected by it. in some cases of radio-transmitting equipment, to be subject to EC type examination by a notified body. carry CE Marking. Plugs and Sockets etc. (Safety) Regulations 1994 This requires electrical appliances to be supplied pre-fitted with a standard 3 pin plug which complies with and bears the marking British Standard (BS) This is the type of plug with protruding live and neutral pins half sleeved with insulating material. The plug does not have to be moulded on, but it does have to have the correct fuse for the appliance. All sockets (e.g. on mains extension leads), adaptors and similar devices must meet British or European Standards. Should the appliance be fitted with a European 2 pin plug then it may only be supplied provided an approved conversion 3 pin conversion plug has been fitted to it, enclosing the 2 pin plug. The conversion should only be able to be removed via means of a screwdriver etc. Toy Safety Regulations 1995 New electrical goods, which are also toys, are require to be CE Marked for both the above regulations and the Electrical Equipment (Safety) Regulations. The item will only bear one CE mark but will be required to meet the requirements of both sets of Regulations.

5 Electrical Goods 3 Energy Efficiency There are currently several sets of Energy Efficiency Regulations in place which require the provision of information about the consumption of energy and other resources by various household appliances. The Regulations currently cover: Refrigerators, freezers and fridge-freezer combinations Household electric ovens including ovens which are part of larger appliances Dishwashers Washing machines Combined washer driers Electric Tumble driers Lamps & Lightbulbs Air conditioners The appliances must bear the European Community Energy Label which indicates the consumption of energy and any other resources that the appliance uses, on the outside front or top of the appliance so that the label remains clearly visible and is not obscured whenever the appliance is displayed. In addition to the standard A-G scale for energy efficiency, information on the packaging must include luminous flux (light output) of the light bulb in lumens, the input power of the light bulb in watts and the average rated life of the light bulb in hours. Manufacturers/suppliers of these products must supply the appropriate labels to retailers free of charge with the appliance. Products advertised by Mail Order, Catalogue, Internet, or within other advertisements or manufacturers literature, must also have the relevant energy labelling information displayed. The above information is required whether the product is displayed for sale, hire or hire-purchase. Breach of these Regulations is an offence for which you may be fined up to 5,000 and/or face imprisonment for up to 6 months.

6 Electrical Goods 5 Extended Warranties What is an extended warranty? An extended warranty is a contract purchased for domestic electrical goods cover which provides cover against the cost of repairing or replacing the goods in the event of a breakdown. It may also provide additional cover against eventualities such as accidental damage, loss or theft and assistance in setting up and operating the item. Extended warranties are covered by the Supply of Extended Warranties on Domestic Electrical Goods Order This Order applies to your businesses if you: Sell electrical goods and offer extended warranties for sale with those goods and The extended warranty is from your business or is sold on behalf of a 3rd party, e.g. an insurance company. This Order does not apply if you: Do not offer for sale extended warranties on your electrical goods Refer the consumer to a provider of extended warranties but you do not sell them Offer for sale extended warranties but do not sell electrical goods Supply extended warranties for free - e.g. it is included in the published price of the goods Offer replacement extended warranties where there is no simultaneous sale of an electrical item. Types of electrical goods covered: White goods including washing machines, fridges, freezers, tumble driers etc, Brown goods including TVs, videos, DVD players, Freeview boxes, radios, personal stereos etc Small appliances - e.g. kettles, toasters, hairdryers etc Photographic equipment, including 35mm cameras and camcorders Grey goods including PCs, laptops, mobile phones, printers, scanners fax machines, MP3 players, ipods etc Garden equipment, lawn mowers, gym equipment, sunbeds, games consoles, electronic toys etc. The above list is not exhaustive.

7 6 What must you do? You must display the price and duration of the extended warranty alongside the item - this includes any printed advertisement or publication. You must also provide consumers with information on the matters below. This information must be contained together in a leaflet which they should be free to read and take away with them. Statutory rights - Rights given under The Sale of Goods Act 1979 (as amended), The Supply of Goods & Services Act 1982, or The Supply of Goods (Implied Terms) Act Cancellation rights - Consumers will have 45 days to cancel the extended warranty and receive a full refund on any warranty that lasts for an initial duration of more than 12 months. Retailers must also send a written notice to the customer at least 20 days prior to the expiry of this period reminding them of the final date to cancel the extended warranty with a full refund. Full details of the warranty - including duration of the warranty, and whether the warranty holds any financial protection in the event of insolvency. Termination rights - Customers will have the right to terminate any extended warranty which lasts for longer than 12 months at any time and receive a pro-rata refund. This applies even where a valid claim has been made under the extended warranty. This will not apply where, under the terms of the extended warranty, it is automatically terminated on the making of a claim. However, in this circumstance the customer would still be entitled to a pro-rata refund if the terminating claim is made within the 45 day cancellation period. You cannot deduct any discounts given on the price of the good to which the extended warranty relates when calculating the full/pro rata refund. Details on how to terminate - By giving notice either orally, or in writing. You cannot insist on the customer giving written notice to cancel. Refunds - whether full or pro-rata, they may be made in the original form of payment tendered, including the variation of a credit agreement where applicable. Store vouchers or credit notes may not be offered unless this was the original form of payment for the extended warranty. Information on availability of extended warranties from others - along with advice that household insurance may already provide sufficient cover in some cases (accidental damage and fire or theft) should also be given. Quotations should be offered to those customers who do not wish to purchase the extended warranty at the same time as the item explaining that the offer of the extended warranty remains open for purchase for at least 30 days on the same terms and that any discount tied to the purchase of the extended warranty also remains valid for a minimum of 30 days. Breach of the above may lead to the Office of Fair Trading taking action via the Courts to enforce this order. Civil actions may also be taken via the Courts. Further information on this order may be obtained at

8 Electrical Goods 7 Useful Contacts The following organisations can provide you with more detailed advice on the issues covered in this pack: Lincolnshire County Council Trading Standards Service County Offices, Lincoln LN1 1YL tel: fax: [email protected] or [email protected] website: The Business Support Service You may be interested to know that Lincolnshire County Council Trading Standards have a Business Support Service. We are able to offer you a first point of contact within the department and can send out leaflets and information. We are happy to assist any business, whether you are a brand new or a long established business, to get it right first time. Please do not hesitate to contact us as above - the advice and guidance we provide is free of charge. Department of Business, Enterprise & Regulatory Reform (BERR) Ministerial Correspondence Unit Department for Business, Enterprise & Regulatory Reform 1 Victoria Street, London SW1H 0ET tel: fax: minicom: [email protected] web: Europa EUROPA is the portal site of the European Union. It provides up to date coverage of European Union affairs and essential information on European integration. website: Office of Public Sector Information Text of the relevant legislation can be viewed online at the Office of Public Sector Information (OPSI) website. website: Business Link East Midlands Innovation House, Riverside Park, Raynesway Derby DE21 7BF tel: [email protected] web: Office of Fair Trading Fleetbank House, 2-6 Salisbury Square London EC4Y 8JX tel: [email protected] website: Trading Standards Central This website provides information for businesses and consumers relating to the field of Trading Standards legislation. website: