What If

[Cyclezee]

Back on the warranty/guarantee tack again.
I believe a manufacturers warranty or guarantee should be supplied with all new bikes, rather than from the dealer or supplier as is the case with most other vehicles. Then should a problem arise, you report the fault to any dealer selling that bike, assuming there is more than one, and they in turn make a claim from the manufacturer.

I have heard that one very well known supplier of electric bikes in the UK was recently, and may well still be up for sale. If that were to happen would the suppliers warranty still be honoured?

John

 

[frank9755]

It shouldn't be a problem. Normally such responsibilities would be sold with the business. It's quite common in other areas.

There's actually two types of protection for the consumer. Statutory rights under the sale of goods act - which is a retailer thing, and warranty - which I understand is a manufacturer thing. I fear some in the industry have got the two muddled. In your example, statutory rights would be sold with the business and the warranty should not be at all affected by it.

Frank

 

[Cyclezee]

It shouldn't be a problem. Normally such responsibilities would be sold with the business. It's quite common in other areas.

There's actually two types of protection for the consumer. Statutory rights under the sale of goods act - which is a retailer thing, and warranty - which I understand is a manufacturer thing. I fear some in the industry have got the two muddled. In your example, statutory rights would be sold with the business and the warranty should not be at all affected by it.

Frank

Hi Frank,
what if the supplier in question does not sell the company, but goes bankrupt instead? The words creek and paddle come to mind.

John

 

[frank9755]

If the shop goes bust your statutory rights may have gone but the manufacturer's warranty is still valid. The manufacturer is obliged to find another shope to fix it for you. Of course, if the manufacturer is in China and doesn't want to find another shop for you, you may indeed be stuffed!

 

[flecc]

If the shop goes bust your statutory rights may have gone but the manufacturer's warranty is still valid.

Yes, and that's what I've posted on a number of occasions before, warranties are a manufacturer matter, protecting against product faults, not retailer faults.

I think they should stay that way.
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[Cyclezee]

Frank,

What if the manufacturer is in Europe and there isn't another shop, retailer or dealer in the UK?

Flecc

So why doesn't the manufacturer supply a warranty certficate with the bike to the end user?

John

 

[carpetbagger]

i once had a probem with an airbed.It went faulty under warranty,the shop wouldnt replace or send to manufacturer.The manufacturer would only deal with returns from the shop and my sale of goods act rights didnt exist unless i went to small claims court. I ended up bombarding the shop with phone calls until they rang the police !!!! I then turned on the manufacturer eventually who paid postage to send it to them (after continually ringing the sales line !)They tested it ,found it faulty and sent me another....Persistence Pays

 

[flecc]

So why doesn't the manufacturer supply a warranty certificate with the bike to the end user?

John

They should John, but the smaller Chinese manufacturers are rather lax about this. They are still bound though, regardless of the absence of a piece of paper, the purchase receipt or equivalent being all that's necessary.

There's no necessity to produce a printed warranty certificate in the event of dispute, it being no more than an acknowledgement of a purchasers rights in law, not the proof of those rights. If a manufacturer's warranty extends those rights beyond the law's requirements, the certificate has value of course, but I'd anticipate that such a manufacturer would observe the minutiae anyway. I don't see too many Chinese manufacturers jumping through hoops to extend benefits.
.

 

[Cyclezee]

I'm not just talking about Chinese manufacturers, also European, or British if there were any.

John

 

[flecc]

The same applies to them of course. I think inexperience is at the root of the problems in some cases where they haven't previously exported and are unaware of the requirements at present.

There is one English manufacturer, TGA-Electrobike.
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[Ian]

According to a friend of mine who is a business school lecturer in consumer law and other aspects of retailing the following applies to consumer goods (which includes bicycles, electric or otherwise).

In all cases the consumer has basic statutory rights which must be provided by the retailer, except where goods are bought at auction (including online) in which case the statutory rights do not apply.

A manufacturers warranty is not obligatory but if offered does form a legally binding contract, the terms of which must be made available on request. Where a manufacturers warranty is offered the consumer will normally need to register acceptance of the terms & conditions, however these cannot modify the consumers statutory rights.

The retailer may provide an additional warranty beyond, but not in place of the consumers statutory rights, but the contract for this is with the retailer and has nothing to do with the manufacturer.

Advice from the government is on this site which says pretty much the same thing.