I was told in a shop at the weekend (hi there, if this was you) that I would not be able to enforce my warranty directly against the bike manufacturer if necessary, as my contract was between me and the bike shop, with the warranty being a term of a separate contract between the bike shop and the manufacturer.
That hadn’t been my understanding, so I consulted my contract law textbooks…and it may well be that you can enforce your warranty directly if need be.
On my understanding, you can enforce the warranty directly, as the Contract (Rights of Third Parties) Act 1999 gives you (the third party) the benefit of any contract purporting to confer a benefit on you (which the warranty agreement between the manufacturer and the bike shop surely is). You’ll need to check the terms of the contract between the bike shop and the manufacturer, first, though. This may be the supply contract (which will likely be confidential, although you’ll be entitled to see it if you litigate the issue, or even if you submit a pre-action letter of claim threatening litigation). Or it may be the general warranty documents itself, which are available on the manufacturer’s website. I don’t know. Ideas?
Anyway my point, in brief, is that conventional analyses of how warranties operate in the UK (“deal solely with the shop – you have no remedy with the manufacturer directly”) don’t seem to take into account the effect of CROTPA 1999, which they teach you in the first week of law school.
If anyone has direct experience which suggests I’ve got this @rse over t1t please let me know.