4 Amendments of Mady DELVAUX related to 2015/0288(COD)
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities and performance capabilitifeatures, including functionality, durability and security features, which are normal in goods of the same type and which the consumer may expect given the nature of the goods, taking into account, where relevant, any existing technical standards or, in the absence of such technical standards, applicable industry codes of conduct and good practices, and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller can shows that:
Amendment 160 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within not less than two years from the time indicated in paragraphs 1 and 2 ishall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 161 #
Proposal for a directive
Article 8 – paragraph 3 – point a (new)
Article 8 – paragraph 3 – point a (new)
(a) Member States may maintain or introduce time limits that are longer than those laid down in paragraphs 2 and 3 where the goods concerned are fixtures.
Amendment 170 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the seller remedies the lack of conformity with the contract by replacement, the seller shall take back the replaced goods at the seller's expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller's attention by the consumer.