Advice Wanted - New Bike Warranty

pharmaboy

Eats Squid
Not so sure. I'd have thought warranty is the responsibility of the manufacturer, not the retailer.
No, the contract is with the retailer, they are responsible. Further, they are ressonsible for goods of merchantable quality laws under consumer protection.

This case isn't about warranty, it's under consumer law - product is essentially DOA.
 

pharmaboy

Eats Squid
And contrary to popular opinion, cannot miraculously make things appear out of thin air....
They can make money appear though. It's one or the other, get the customer back on the bike asap or refund in full.

Obviously it depends on whether the bike was bought as a complete bike or ordered up with various parts - that may change things, but in retail you also have obligations, that's tjust the way it is
 

danimal

Squid
No, the contract is with the retailer, they are responsible. Further, they are ressonsible for goods of merchantable quality laws under consumer protection.

This case isn't about warranty, it's under consumer law - product is essentially DOA.
Correct as far as I know. Many shops (bike or otherwise) try this on - we have to send it to our supplier to check about the warranty. That is false. The retailer you purchased from has the obligation to assist, despite what their contracts with the consumer or their supplier say.

In terms of major faults, the only time a manufacturer needs to come in to the play is if the fault is of a highly technical nature that needs checking by specialists. But something that has a very obvious major fault is to be sorted by the seller. The seller can then claim from their supplier.

My guess is shops are concerned that if they allow too many warranty claims and in turn make claims on the supplier/manufacturer they will lose their dealership or have stricter conditions put on them.
 

rowdyflat

chez le médecin
If I had no other bike I would insist on the shop replacing the rear shock with at least a loaner from another bike.
You can be waiting ages . A friend had to wait while Fox reps mucked around.
 

Paulie_AU

Likes Dirt
The difference in response is interesting. My 4 year old car developed a problem and some warning lights came on. Booked it in at the dealer and they found the fault, ordered the replacement part and had it fitted with the car back to me that afternoon (a little late) zero cost to me. I was offered a courtesy car but didn't bother just rode.

Bike shops or any shop that sells something readily available online (hell even with another shop down the road) really need to realise they need need to provide a good customer experience as it is just so easy to replace them. Managing expectations is a big part of that. LBS should let you know what they can and cannot do. Get straight onto supplier and the update with the expected timeframe. Once the have more info call to give an update. Ie make it feel like they are batting for you and haven't forgotten you. They might not have the resources to fix immediately but you shouldn't be left in limbo not sure of what is going on.
 

schred

Likes Bikes and Dirt
No, the contract is with the retailer, they are responsible. Further, they are ressonsible for goods of merchantable quality laws under consumer protection.

This case isn't about warranty, it's under consumer law - product is essentially DOA.
Actually there are two options for remedy of defective goods under the ACL; you can take it up with the retailer/supplier, s259, or the manufacturer directly, think its around s271 something around there. But your options with the manufacturer are far far reduced and basically limited to damages, which are very difficult/impossible to prove as a consumer of domestic goods. Your best bet is to hit up the retailer in almost every instance.

As an aside, if the retailer, like harvey norman/JB hifi says you'll need to contact the manufacturer directly you can hit them over the head with full force of the misleading and deceptive conduct sections eg 29 for deliberately trying to exclude consumer guarantees, provided to you as a consumer by legislation. Massive no no and ACCC has a major hardon for retailers who try that sh1t on, guaranteed to get results!
 

gtryder

Squid
Thanks everyone for sharing your experiences / thoughts.

I guess i have to be patient a bit longer and hope it get fixed soon.
 

yuley95

soft-arse Yuley is on the lifts again
snip... Under the legislation, if it's minor then the retailer picks the remedy, e.g. repair, replacement, etc, but almost certainly a repair of unknown duration as that's easiest way out subject to customer goodwill. snip...
What are the options if the retailer denies there is a legitimate claim but keeps the item (as per Moorey's recent experience)?

I also had a recent experience with an overseas retailer that requested the part back to inspect and denied my claim. I was fortunate in that they offered a refund but it was very frustrating to have what was a very obvious fault denied with no ability to prove my case (as the part was with them). I ended up a little out of pocket for shipping costs but against Moorey's example, mine is a good result.
 

swaz

Likes Bikes and Dirt
I would have thought that there would be some sort of law that says a retailer must give a replacement for any defective goods whilst they are being repaired.
 

schred

Likes Bikes and Dirt
What are the options if the retailer denies there is a legitimate claim but keeps the item (as per Moorey's recent experience)?

I also had a recent experience with an overseas retailer that requested the part back to inspect and denied my claim. I was fortunate in that they offered a refund but it was very frustrating to have what was a very obvious fault denied with no ability to prove my case (as the part was with them). I ended up a little out of pocket for shipping costs but against Moorey's example, mine is a good result.
Dunno mate, you'd think this catches more than a few people out. For overseas purchases you'd prob have to look at what consumer protection provisions that country has (if any) and how it applies to you as a non-resident. Depending on the country it's possible/fair chance they don't apply to you, or if they do, it might end up being be a PITA for you to enforce them from a distance. It does look like the UK introduced new legislation (Consumer Rights Act 2015) that covers internet sales, so might be worth checking out its application to non-residents. That also means there is almost certainly an ombudsmen or regulator that you can bring to the attention of or get some sage advice from. In any case you can be pretty sure another country won't recognise or hold themselves up to another country's legislation (such as the awesome aus consumer law), but withholding parts you've paid for is borderline criminal.
 

yuley95

soft-arse Yuley is on the lifts again
Dunno mate, you'd think this catches more than a few people out. For overseas purchases you'd prob have to look at what consumer protection provisions that country has (if any) and how it applies to you as a non-resident. Depending on the country it's possible/fair chance they don't apply to you, or if they do, it might end up being be a PITA for you to enforce them from a distance. It does look like the UK introduced new legislation (Consumer Rights Act 2015) that covers internet sales, so might be worth checking out its application to non-residents. That also means there is almost certainly an ombudsmen or regulator that you can bring to the attention of or get some sage advice from. In any case you can be pretty sure another country won't recognise or hold themselves up to another country's legislation (such as the awesome aus consumer law), but withholding parts you've paid for is borderline criminal.
Cheers Schred. I know laws don't always make sense but it feels like a consumer should have the right to have the item shipped back if it's deemed to be in proper working order - even at cost.

Anyway, thanks for your insight.
 

Rider_of_Bikes

Likes Dirt
The difference in response is interesting. My 4 year old car developed a problem and some warning lights came on. Booked it in at the dealer and they found the fault, ordered the replacement part and had it fitted with the car back to me that afternoon (a little late) zero cost to me. I was offered a courtesy car but didn't bother just rode.

Bike shops or any shop that sells something readily available online (hell even with another shop down the road) really need to realise they need need to provide a good customer experience as it is just so easy to replace them. Managing expectations is a big part of that. LBS should let you know what they can and cannot do. Get straight onto supplier and the update with the expected timeframe. Once the have more info call to give an update. Ie make it feel like they are batting for you and haven't forgotten you. They might not have the resources to fix immediately but you shouldn't be left in limbo not sure of what is going on.
I have been in the bike scene for about 10 years now between Canada and Australia and I promise you very few suppliers run like a well oiled machine. If the retail shop does not follow up on warranties with the suppliers almost daily some suppliers (even big ones) seem to forget about you and your warranty. It is a royal pita. Trust me the retail shop wants to get you out riding again as fast as possible!!

Sent from my E6653 using Tapatalk
 

99_FGT

Likes Bikes and Dirt
first the rear shock developed a fault, LBS took it off, went to SRAM for a rebuild, back about 24 hours later from memory. Presently I'm dealing with the infamous Guide brake issue, but again my LBS (despite telling me to just change to Shimano) contacted SRAM and two complete new brake sets are on their way, ETA was about two weeks - lack of stock apparently.
Ditto, although both my issues went to dsd at the same time. I also got the change to shimano treatment, which bugs me

Schred, glad to see I'm not the only one since Timmy left
 
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Flow-Rider

Burner
Ditto, although both my issues went to dsd at the same time. I also got the change to shimano treatment, which bugs me

Schred, glad to see I'm not the only one since Timmy left
Yeah 99FGT it's not the same, too bad on a few levels.
I think the previous owner dumped it at the right time. Way overpriced for me and besides I've always done all my own wrenching.
 

chocko

Likes Bikes
Tell them as it's a major failure and the time it is taking them to remedy it, you would like a refund of your purchase price. Another rear shock or a loan bike will miraculously appear...
Yeah and then never expect to get any help from them ever again. As the consumer you do have the right to request a refund if they cannot provide you with a solution within a reasonable amount of time but as you have heard on here it's probably not the shop that is the hold up. So yeah you could start throwing your weight around and be a knob to them making threats or just ask them nicely if they have a loaner and if not be patient.

It's always good to build a relationship is a LBS especially if you only have one bike and can't fix your own stuff. Once you understand a bit about how the bike industry works (slightly backwards if you ask me) you will understand the crap position dealers get stuck in when it comes to these kinds of warranty claims.
 
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