Spare parts and the law

In this article, Chris Dee, executive director at the British Compressed Air Society (BCAS) looks at the most frequently asked questions about spare parts and the law. The views and responses expressed are related to industry experience and are not intended to be interpreted as legal advice.

 

BCAS is often asked about what requirements there are in law in respect to compressed air spare parts, especially what rights there are towards availability of spares and also what rights people have in terms of a warranty.

Compressed air spare parts can be categorised in two ways: ‘functional parts’ and ‘cosmetic parts’.

•   Functional spare parts  – these are considered to be any mechanical or electro-mechanical parts.

•   Cosmetic spare parts – these are considered to be non-functional and decorative items that are not essential to the operation of the machine. However it should be noted that this can include spares such as control knobs, handles etc.

Where a cosmetic spare part fails and there is a potential safety concern (wiring or electrical components left accessible, danger of injury from cuts etc.) it can be the case that a machine is effectively written off due to the non-availability of such a part if the conditions would present any danger.

For how long do manufacturers have to provide genuine spare parts?

Short answer, there is no legislation that states that spare parts have to be available for any set period of time in either UK or EU legislation. What this means is that, if a consumer buys an item of equipment such as a compressor, dryer or pneumatic tool, the manufacturer or brand owner has no responsibility to ensure that spare parts are available for any set period at all. Consumers have no recourse in law to challenge a genuine spare part not being available.

The reason for the lack of availability could be that the manufacturer has decided not to support the product, or that the support is only intended to last for a finite period of time, or that the part is out-sourced and that the source eventually dries up.

Therefore, if a consumer is told that a spare part is no longer available, chances are there is little if anything they can do about it, even on a machine or piece of equipment that is only just outside of its manufacturer’s warranty.

Spare parts; ‘six year rule’?

There is some speculation that the ‘six year rule’ relating to faulty goods would affect this but, in reality, this is unlikely as the rule pertains to defects in the goods from new, not the fact that the spare parts needed to repair it are no longer available.

The manufacturer will endeavour to provide functional components so that equipment may be serviced throughout the product’s expected life. Different products have different life spans – and even two identical products can last for a varying amount of time, depending on use. If components are not available, manufacturers will often discuss and agree an alternative solution with the consumer. If this involves discounting the price of a replacement product, account will be taken into the amount of use the original product has had. It’s important to remember that some parts are manufactured by other companies and the manufacturers themselves may not have total control of the component parts’ supply past the cessation of production.

As a guide, manufacturers try to retain functional spares for as long as there is a market for them and, in most cases, well beyond. Due to the vast array of product types and the purchase price, the life cycle of all products can vary and therefore so can the length of time parts are to be supplied.

The supply of ‘cosmetic’ spare parts will differ and these may be supported for shorter time periods than ‘functional’ spare parts.

To sum up, there seems to be no guarantee that compressed air spare parts are required to be available for any set period of time. 

IPE Newsletter

IPE publishes a weekly eNewsletter, delivering a carefully chosen selection of the latest stories straight to your inbox.

Subscribe here