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# EU Warranty Rules for Hardware Sellers

Every hardware product sold to an EU consumer carries a statutory two-year legal guarantee of conformity, regardless of whether the seller offers any written warranty at all. Understanding how this legal guarantee interacts with your own commercial warranty terms is essential for anyone selling into the EU.

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At a glance

Directive

(EU) 2019/771, Sale of Goods

Minimum legal guarantee

2 years from delivery

Reversed burden of proof

Typically 1 year (member states can extend to 2)

Remedy order

Repair/replace first, then price reduction or termination

Member state variation

Directive sets a floor; national law can go further

## The statutory floor every EU sale carries

### Two-year legal guarantee of conformity

Directive (EU) 2019/771 requires goods sold to consumers to conform to the contract for at least two years from delivery, regardless of any commercial warranty the seller does or doesn't offer.

### This is a directive, not a regulation

Because it is a directive, EU member states transpose it into national law and can set more consumer-favorable terms than the directive's floor.

### The reversed burden of proof window

For an initial period after delivery -- one year under the directive's minimum, though several member states extend this to two years -- any lack of conformity is presumed to have existed at delivery unless the seller proves otherwise.

## The remedy hierarchy consumers are entitled to

### Repair or replacement come first

A consumer's primary remedy for non-conforming goods is repair or replacement, generally free of charge and within a reasonable time.

### Price reduction or termination as secondary remedies

If repair or replacement is impossible, disproportionate, or not completed within a reasonable time, the consumer can move to a proportionate price reduction or contract termination.

### A minor non-conformity can bar full termination

The directive allows member states to provide that a consumer cannot terminate the contract for a genuinely minor lack of conformity.

## Aligning your warranty terms with the legal guarantee

01

Confirm your terms do not attempt to reduce or waive the two-year statutory legal guarantee -- such terms are generally void.

02

Check the specific national transposition for each EU member state you sell into.

03

If offering a commercial guarantee, state its scope and duration clearly -- it adds to, but never replaces, the legal guarantee.

04

Structure returns and support around the repair/replace-first hierarchy.

05

Document conformity assessments carefully during the reversed-burden-of-proof window.

## Frequently asked questions

### Is the two-year guarantee the same as a two-year warranty I offer?

No -- the two-year legal guarantee is a statutory minimum that applies automatically, independent of any commercial warranty you offer. A shorter commercial warranty does not replace it.

### Can I sell hardware into the EU with only a 90-day warranty?

You can offer it as an additional benefit, but it cannot replace or limit the consumer's underlying two-year statutory legal guarantee.

### Does every EU country apply exactly the same warranty rules?

The directive sets a floor, but member states can set more consumer-favorable terms, so details like the reversed-burden-of-proof period can vary by country.

### What if repairing the product isn't possible?

If repair is impossible, disproportionate, or too slow, the consumer can request replacement, then a price reduction or termination depending on severity.

**Disclaimer:** This page is an educational resource only and does not constitute legal advice. Consumer guarantee obligations vary by member state transposition -- consult qualified counsel in the relevant jurisdiction before finalizing warranty language for the EU market.

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