NETGEAR is aware of a growing number of phone and online scams. To learn how to stay safe click here.
Forum Discussion
tijgert
Sep 03, 2014Guide
RN516 CPU upgrade
Ever looking to improve on performance I'm looking for a way to upgrade the CPU on my RN516. The CPU obviously must support ECC memory and have a (FC)LGA1155 socket with a max TDP of 55W. LGA1155 wi...
xeltros
Sep 03, 2014Apprentice
There is no law but there is a court order that considered that warranty was transferable. The transmission has to be made with the thing and all its accessories, warranty being considered as one. So the original seller has the legal obligation to ensure the repairs if needed unless he can prove that a contract was signed between the two owners (the new contract overruling the previous one).
see in french : http://www.argusdelassurance.com/jurisp ... cule.63345
The article mentioned both manufacturers and sellers, but emphasised greatly on sellers :
translated : The court wished to enlarge the circle of the people able to benefit from the contractual obligation of the manufacturer or the intermediate sellers.
then later :
be it legal or contractual, the warranty is transmitted automatically with the thing. The second hand purchaser benefits from a direct action against the original seller of the thing. This relies on the accessory theory. The change of ownership is accompanied by all its accessories, including warranty.
So clearly walking the line here. Hard to tell from this article if this is legal for the manufacturer or not as I suspect the author means both but didn't write it (the manufacturer having sold the thing to the retailer at one point...). The question is whether or not the disclaimer from Netgear is considered abusive. I think in the spirit of the law it is, but with a good lawyer this should pass anyway. But I'm not a law expert. I believe Netgear had some experts doing all the checking in Europe and that there are other laws that can be used in their favour.
see in french : http://www.argusdelassurance.com/jurisp ... cule.63345
The article mentioned both manufacturers and sellers, but emphasised greatly on sellers :
la Cour de cassation a souhaité élargir le cercle des personnes admises à bénéficier de la responsabilité contractuelle du fabricant ou des vendeurs intermédiaires.
translated : The court wished to enlarge the circle of the people able to benefit from the contractual obligation of the manufacturer or the intermediate sellers.
then later :
Qu’elle soit d’origine légale ou conventionnelle, la garantie est transmise automatiquement avec la chose. Le sous-acquéreur bénéficie ainsi d’une action directe contre le vendeur originaire du bien qui repose sur la théorie de l’accessoire : le transfert de propriété de la chose s’accompagne de tous les accessoires afférents à ce bien, dont les garanties
be it legal or contractual, the warranty is transmitted automatically with the thing. The second hand purchaser benefits from a direct action against the original seller of the thing. This relies on the accessory theory. The change of ownership is accompanied by all its accessories, including warranty.
So clearly walking the line here. Hard to tell from this article if this is legal for the manufacturer or not as I suspect the author means both but didn't write it (the manufacturer having sold the thing to the retailer at one point...). The question is whether or not the disclaimer from Netgear is considered abusive. I think in the spirit of the law it is, but with a good lawyer this should pass anyway. But I'm not a law expert. I believe Netgear had some experts doing all the checking in Europe and that there are other laws that can be used in their favour.
Related Content
NETGEAR Academy

Boost your skills with the Netgear Academy - Get trained, certified and stay ahead with the latest Netgear technology!
Join Us!