Tumbleweed Posted October 20, 2015 Posted October 20, 2015 Bit tricky. I think consumer law would dictate that the customer should not be out of pocket for the first six months after a purchase - strictly speaking, a shop shouldn't charge for a rebuild in this time. A warranty longer than six months or even lifetime is great and more than the legally prescribed minimum, but this cannot mean that the customer should waive his right with regards something happening within the first six months. After six months, the shop or agent would be well within their rights to charge.
Dicky DQ Posted October 20, 2015 Posted October 20, 2015 It's true and I'm sure it's part of the fine print of the warrantee. But I think it's absolute bull sh*t. Why should you cover the cost of a new bb when Giant has failed to keep sufficient stock of the frame you bought? Why should you pay for a rebuild, because their product has failed? Bikes are starting to cost what small cars cost, it's time the cycle industry jacked up its after sales service. They took R20k plus from you, they promised (by means of a warranty) that it would remain free of defect for a period of time and now are too cheap to pay a bike shop the labour to rebuild their faulty product. I think we as consumers have to make as much noise of these things as possible and maybe one bike brand will sit up and take heed. If one starts, the others will follow.Remember, semantics Warranty vs Guarantee. Big difference. Typically a Warranty covers replacement of the parts only no labour and extras (that's what our warranty covers), whereas a guarantee normally covers all. But not always.
raptor-22 Posted October 20, 2015 Posted October 20, 2015 http://www.access-legal.co.uk/free-legal-guides/whats-the-difference-between-a-guarantee-and-a-warranty-1314.htm#.ViXbJqlBvqB From a UK site. I'm not a lawyer but I assume their legal statutes are grounded in the same thinking as ours? What's the difference between a guarantee and a warranty?Learn about the differences and what you should look out for when purchasing items GuaranteeA guarantee is usually free and is a promise about an item by the manufacturer or companyIt's a promise to sort out any problems with a product or service within a specific, fixed period of timeWhether you paid for a guarantee or not, it is legally bindingThe guarantee must explain how you would make a claim in a way that is easy to understandIt adds to your rights under consumer lawIt will take effect whether or not you have a warranty WarrantyA warranty acts like an insurance policy for which you must pay a premium - Sometimes a warranty is called an 'extended guarantee'May last longer than a guarantee and cover a wider range of problemsA warranty is a legal contractThe terms of the contract should be clear and fairDoes not reduce your rights under consumer lawA warranty can be in place with a guarantee More about guaranteesSome items you purchase may come with a manufacturer's guarantee. Often there will be a registration card that needs to be completed and returned. Before you leave the shop, ensure the seller has filled in any details of the purchase he needs to otherwise the guarantee may not be valid. Once you have sent off the card keep all the documentation in a safe place in case you need to make a claim later.Many different businesses and service providers will offer guarantees. Whilst this may give you confidence in them, be careful not to choose a business just because of a guarantee. It may turn out to be worthless if the organisation goes out of business. Some guarantees are insurance backed and these may prove more secure.It is important to remember that guarantees are there to increase your protection and they can not be used to limit or exclude responsibility of a business for selling faulty products. We provide a wide range of legal services including:Personal injury claimsConveyancing SolicitorsWills & ProbateMedical Negligence SolicitorsLandlord LawLegal Disputes More about warrantiesA warranty is a formal statement of a fact and is part of the contact, or a contract in its own right.Most warranties will be specific to the item they are covering. For example, if you get new brakes on your motorbike, the work and materials may be guaranteed to work for a specified number of miles or a certain time period. If an item is 'sold as seen' it is unlikely to be covered by a warranty.Not all warranties are the same and most will have limitations. These limitations may be in relation to time or use of the product. In addition, they may also only cover certain things, for example motorbike warranties for instance, may not include things like tyres or brakes. Most vehicle warranties do specify exactly which parts are covered. Using guarantees and warrantiesIf you do find that you have a problem with the goods or services and you have a guarantee or warranty, read it carefully and check that:it covers your problemthat the fault has been caused by something covered by the guarantee or warrantythe timeframe has not expiredit offers a reasonable solutionyou understand and are happy to pay any extra costs involvedOnce you have done this, go or write to the business which sold you the item or provided the service. Explain what the problem is and show them that you have a valid guarantee or warranty. They should then provide you with options of how they can resolve the problem. These may include sending the item away for repair or providing you with a new one. The EU positionThere has been some confusion of the impact of European law with regards to warranties. A common misunderstanding is that a business must give a two year warranty. This is not the case. The confusion has arisen over the translation and the use of the word 'warranty'.The EU law actually entitles people to have a 'right of action' against a business for two years. English law protects consumers more than this and allows a person to bring a claim within six years, some four years longer than required by EU law. English lawThere are many acts and regulations, most notably, the Sale of Goods Act, which protect someone when buying something or using a service. These acts and regulations can always be relied upon whether or not you have a warranty or guarantee. They also apply to everyone, from a huge dealership to a guy selling his bike on eBay.As you would expect, a buyer has no real grounds for complaint if they were told about the fault before they bought the item or caused the damage themselves. What may surprise some people however is that generally that if you are buying something you have limited grounds for complaint if you examined the item, or had the opportunity to examine the item, when you bought it and should have spotted the defect. Once you have accepted an item it is very difficult to try and reject it or allege a fault later.In saying this, the item should be of satisfactory quality. This is based on what a reasonable person would regard as satisfactory taking into account description, price and other relevant factors. It must also match any description given in a brochure, or given to you by a sales representative. In addition, it should also be fit for its purpose. This includes any purpose specifically indicated to the seller, even if it is not usually used for that purpose! What to do nextIf you have a problem with an item or service check and it is not covered by a warranty or guarantee contact the seller or service provider.Try and remain calm and polite and make a note of names, times and dates that you speak to people along with everything which is said. If things become more complicated or take longer put or respond to a complaint in writing and ask that the other party respond in writing.If you are a buyer, be realistic in what you are trying to achieve, and keep details and evidence in support of any of those losses. If you are made an offer, consider it carefully and don't immediately disregard it as the first offer. You may not get any more by going to Court. If both parties are reasonable you may well be able to come to an agreement that suits everyone.If you are still having problems or an agreement can not be reached please either visit our consumer rights page or contact one of our team on 03700 868 686.Read more: http://www.access-legal.co.uk/free-legal-guides/whats-the-difference-between-a-guarantee-and-a-warranty-1314.htm#ixzz3p5oRdoGv
Generaal Gert Posted November 11, 2015 Posted November 11, 2015 I'm busy with my second warranty claim in in a bit more than a year and I have not paid of one of the rebuilds.
GLuvsMtb Posted November 11, 2015 Posted November 11, 2015 I'm busy with my second warranty claim in in a bit more than a year and I have not paid of one of the rebuilds.my guess is that you took the bike back to the shop you bought it from, that they also do all your bike's regular services and that you purchase your consumables from them too. Otherwise the shop(s) you've been dealing with are super-nice guys.
Generaal Gert Posted November 11, 2015 Posted November 11, 2015 my guess is that you took the bike back to the shop you bought it from, that they also do all your bike's regular services and that you purchase your consumables from them too. Otherwise the shop(s) you've been dealing with are super-nice guys.I took it back to where I bought it, have not done any other business with them.
GLuvsMtb Posted November 11, 2015 Posted November 11, 2015 I took it back to where I bought it, have not done any other business with them.what do you think would have happened if you took it to another Giant dealer to have rebuilt?
Generaal Gert Posted November 11, 2015 Posted November 11, 2015 I would expect them to do the same, because I have already paid for the bike to be built. And it's not my problem that the frame cracked.
GLuvsMtb Posted November 11, 2015 Posted November 11, 2015 I would expect them to do the same, because I have already paid for the bike to be built. And it's not my problem that the frame cracked.Do that with your next Giant warrantee claim (it is bound to happen again) and tell us how that went.
raptor-22 Posted November 11, 2015 Posted November 11, 2015 Good One Gert. Fight the good fight. Your warranty experience is how every warrany experience should be.
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