The warranty is their bit of paper that makes some vague promise and can be invalidated for whatever reason they like.
Your statutory rights (assuming UK purchase) are based around the Consumer Rights Act or Sale of Goods Act (depending if you bought before or after the date the CRA came in. 2015ish). Then there’s the EU 2 year rights, but UK rights trump it at 6 (not so sure if bought in another EU state, might just be the 2, but that applies EU wide).
You have automatic rights to a product that’s of satisfactory quality and fit for purpose, but that’s open to interpretation. After 6 months it’s down to you to prove that it fails one of these and the fault is a manufacturing/design defect. Within 6 months you argue that it’s a fault and they have to prove otherwise (often costly/hassle so easier to just replace or refund).
Question is whether the failure *can* be down to lack of servicing. If it is, then you don’t really have a leg to stand on. If the failure can be proven to be unrelated to servicing then you have a case. You’ll have to argue it though. This is regardless of their own warranty terms which may invalidate though not servicing.
P.S. If this is Rockshox, just get it returned through a shop and high chance Fisher will just replace it no argument. Customer service / warranty with them is very good.
