Consumers are entitled to request the seller for a remedy, for a faulty good, provided that there exists a warranty even if the fault has been caused by the manufacturer of the goods. The seller must state so explicitly to the buyer in the contract of sale. It should either be the manufacturer who owes this duty to the consumer or the seller should arrange delivery of the item to the manufacturer Also, the final seller who has a contract with the customer and with the producer is eligible to hold the producer liable if the customer decides to return a defective product. Article 4 of directive 199/44/EC provides that where lack of conformity of the product is caused by the act or omission of the “producer, a previous seller in the same chain of contracts or any other intermediary, the final seller shall be entitled to pursue remedies against the person or persons liable in the contractual chain.“ National law of the member state shall determine the person who is liable against whom the seller pursues remedies and the relevant action and condition of exercise too.
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