Had a warranty turned down on a cracked frame after 18months, from a well known brand that's renowned for cracking. This is the third frame I have owned from this co. and the third that has failed. The shop are no longer a dealer and I am dealing direct, but they are refusing the claim. Anyone pushed the 2 year thing as they are an EU based co.
Doesn't matter if the shop isn't a dealer any more, they are the ones you purchased from and therefore have to deal with.
While the manufacturers/importers usually back up the retailers for warranty, legally its the retailer who is responsible.
On what grounds are they turning the warranty down?
Impact damage, or purely out of the warranty period?
When did you but the first frame? Be aware that your warranty runs from the original date of purchase, rather than the most recent replacement. Also, I think some companies will void the warranty if you swap parts on the bike (Giant?)
When did you but the first frame? Be aware that your warranty runs from the original date of purchase, rather than the most recent replacement. Also, I think some companies will void the warranty if you swap parts on the bike (Giant?)
This isn't to do with warranty is it? It's about goods being 'fit for purpose'. An expensive mountain bike shouldn't fail with normal use after such a short space of time. Try getting in touch with trading standards. I don't think it should matter that the shop isn't a dealer for that brand any more.
Not yet but I have been mulling in my head having a go at the whole 'warranty is for the first owner only', given half a chance. The only excuse one major manufactuer could give me for this morally bankrupt practice is 'well everyone else does it'.
The 1 or 2 yr thing is a nonsense. Warranties given with the sale are firs a marketing ploy to enhance consumer confidence in a product and promote sales, and second used as scam to try and con you that the warranty is limited only to that.
You have statutory rights protection for upto 6 years after purchase, depending on what is a reasonable period. Any manufacturer / retailer warranty is additional, if it conflicts with your statutory rights just screw it up and chuck it in their face.
As there is no restriction I know of to the original purchaser assigning their rights in the original sales contract, I dont see any legal reason why a second owner doesnt in practice have the same statutory warranty rights. After all, the manufacturer is advertising a frame with a given declaration of quality. So, if a frame has a lifetime warranty at purchase then what do you think is a reasonable warranty period for that frame to be implied by statute?
I would have though commencement of a small claims court action for enforcement of the warranty, then blanket advertisement of the fact on forums etc, would have the desired effect. I mean, would you as a manufacturer want to risk a declaration in even the lowest court that your 'original purchaser' only condition is unenforceable, and then significant advertisement of this fact?
EDIT: To actually answer the OP. the 1yr/2yr warranty is a red herring. Depends on your actual circumstances (is this the 3rd replacement) but crack after 18m without an intervening cause definitely needs to be repalaced - and if they keep cracking then demand money back as being of unsatisfactory quality for the purpose it is designed for
This frame was purchased outright. The warranty replacement was sold as the new version was meant to be a new factory/new tubing.
Oh and not doing it on basis it is out of warranty only. Its a seat tube/top tube crack
In contract law the contract (and therfore the warranty) is only between the shop and the initial purchaser.
If the original purchaser sells the frame/bike etc to person B then person B does not have a contract or an obligation carried accross from the original purchase.
So any warranty would either be by deception or goodwill or manufacturer disretion, but not based on UK or EU law.
(Studying contract law at the moment for CIPS).
The original shop is now defunct
Which company is it? Is there anything on their website about warranty coverage?
if the shop no longer exists, you will have a problem, but if you have the manufactures warranty in writing with your original paperwork, and receipt of purchase then you may still be able to pursue it.
Yeah 1 yr on gravity models 2yrs on all mountain etc. they're renowned for cracks. And have been dealing until now it would seem. Actually 6 months on their full DH rig which surely isn't legal?
Maybe not made clear that it would appear the warranty is a year but I was lead to believe 2 yrs
Depends on wording of the warranty, it could be said that if a manufacturing fault doesn't show up quickly on a downhill bike, with the abuse they get just from normal usage then it would be hard to prove that its a defect.
This isnt a DH bike. It's specialized sx territory 6". And the previous frame went in exactly the same place. Deffo a manufacturing defect
From specialized website
SPECIALIZED Frame:
On any material and manufacturing defects 5 years from date of purchase, subject to
use as intended and regular maintenance.
These provisions always apply to any case of warranty:
• The warranty for manufacturing defects and faulty material applies to the first
owner. The warranty term begins with the purchase of the product by the end
customer; it can be used only on presentation of the original receipt of purchase.
• For paint and decalls a warranty of 2 years is granted.
• The warranty claim forfeits in the cases of:
-Misuse/abuse of the product
-Use of the product for other purposes than intended
-Non-compliance with the operating instructions (e.g. failure to perform the
required regular maintenance by a Specialized dealer)
-Neglect and/or wrong maintenance
-Damage from accidents or falls
-Alterations of the product or the specifications (paintwork, changes of the
geometry, inadmissible add-on parts...)
-Repairs by not authorised dealers
• The guarantee does not apply to wearing parts and their expected wear and tear,
such as chains, gear wheels, tires, saddles, pedals, dropouts, handles, bearings,
handlebars...
(Exception: Roval wheels).
not sure about your bike, can't find it listed.
It's not a specialized. Similar ilk, I don't want to name and shame until they've got back to me after I grumbled at them.
The shop are no longer a dealer and I am dealing direct
The original shop is now defunct
It's specialized sx territory 6"
It's not a specialized.
Might be that they are confused by your query,
Amazon offered me a full refund on an 18 month old Kenwood food mixer that failed, and I didn't even have to argue - I wish more retailers were like that.
If you're getting no joy, unfortunately the onus is on you to prove that the crack is due to a manufacturer fault rather than abuse. Assuming you can do that (e.g. an engineer's report) then you could go to the small claims court. But if the shop no longer exists then you have no-one to claim against.
The shop are no longer a dealer and has changed name/hands and is pretty much a dead shop. I was saying that it isn't a DH bike it's 6" like the specialized. But I would rather not name just yet.
But anyone who is aware of what manufacturers have suffered major cracking issues lately can work it out.
I know exactly who you're talking about and I hope this isn't a taste of things to come because mine's just cracked too, although not in the same place.
your not being quite Vague enough wysiwyg, Lol
you need to name and shame the manufacturer so we can avoid them like the plague (unless its Orange of course) then we will suffer ANY cracks or inherent problems (cos their just sooo cool and in fashion) 😉 😆
Sounds like a Commencal to me, they have that variable warrantee period based on the intended use. They also snap-a-lot.
edit - they also have no UK distributor, or at least didn't six months ago when I had the same problem which compounded the delays. Luckily the shop I got it from had a reputation to uphold, so they sorted me out.
If its a commencal, my friend got Evans to sort out his warranty claim, even though he hadn't bought the bike there. Don't really understand why they did it, but he got a new frame.
I'm cant offer advice on the issue, but I can say that the advice offered above, to threaten forum action etc is bad advice. Ten, eight, five, even a couple of years ago, yes, the threat carried weight. But now? It's more likely to make the brand stick to there guns than get them to reconsider. Most dealers/brands will hear this threat daily, no one nowadays is moved by it. Calmly, politely and firmly stating your case and an acceptable outcome is the approach most likely to get a good result.
From you tone, you sound like you already know this, but thought it worth mentioning.
A wee update, ive asked them based on my brand loyalty and their failure rate of 100% to reconsider as a good will gesture etc. Theyre re-evaluating my claim.
Bit of a thread resurrection, but it was Evans who sorted me out too. They get a bit of a slagging on here, but they have been good with me over a couple of warrantee issues.f its a commencal, my friend got Evans to sort out his warranty claim, even though he hadn't bought the bike there.
Three guys in my mtb club have had frames off this company one was a ti frame and they have all cracked
Well after asking kindly and pointing out the fact I've been a die hard customer, they're replacing my frame. Just got to work out when is a good time to be bike less.
I would say big thanks for sorting me and Im grateful. Jus wish I didn't need to call upon the warranty once again.
Can you now tell us who manufacturer/model is?
If he's got a brain, he'll be selling it and changing allegiance pronto.