>>> Which is, in fact, pretty damn bad. Illegal, even, around here. If I buy
>>> a
>>> bike from your shop, and it breaks within the mandatory 2 year warranty
>>> period, you're obligated to repair it completely free of charge. Whether
>>> or not you get your costs back from your supplier ain't my concern.
>>
>>I guess you aren't in the USA.
>
> True, but even in the USA I have always gathered that if I buy a bike from
> your shop, I have a contract with *you*[1], and not the manufacturer,
> which means that it's your responsibility to make sure that the product is
> fit for its intended use -- which is what warranty is based on, if it
> breaks quickly that's prima facie evidence that the product was in fact
> not fit for its intended use (unless you were using a wrench as a hammer,
> causing it to break, but the burden of proving that the product was used
> wrongly lies with the seller, here -- that could easily be different in
> the US).
The "implied warrant of mercantability" which *may* (but does not always)
create a contract issue between buyer and seller is not, repeat, not not not
not not in any way related to a warranty that exists between manufacturer
and seller (unless the seller specifically states otherwise, such as telling
the customer, preferably in writing, "No problem, if the manufacturer goes
out of business we'll cover you for any warranty issues."
I sincerely doubt things are different in Canada, but I could be wrong. If a
merchant was required to back up any and all warranty issues (in the event
that a manufacturer went out of business), it might quickly put them (the
merchant) out of business. That's not to say that a retailer doesn't have
some responsibility to back up the product they sell, but there have to be
(and are in fact) limits.
Keep in mind that many bankruptcies completely eliminate the possibility of
anyone ever collecting for warranties on past purchases, even for companies
that continue to exist but under a different corporate veil. Such was the
case for Schwinn, for example. Pacific Bicycles was under no legal
obligation to take care of any warranty responsibilities from the past, even
though they purchased (through the bankruptcy court) the name and "goodwill"
of the former business.
--Mike Jacoubowsky
Chain Reaction Bicycles
www.ChainReaction.com
Redwood City & Los Altos, CA USA
"Jasper Janssen" <
[email protected]> wrote in message
news:
[email protected]...
> On 11 Jan 2006 09:42:41 -0800, "Qui si parla Campagnolo"
> <[email protected]> wrote:
>>Jasper Janssen wrote:
>
>>> Which is, in fact, pretty damn bad. Illegal, even, around here. If I buy
>>> a
>>> bike from your shop, and it breaks within the mandatory 2 year warranty
>>> period, you're obligated to repair it completely free of charge. Whether
>>> or not you get your costs back from your supplier ain't my concern.
>>
>>I guess you aren't in the USA.
>
> True, but even in the USA I have always gathered that if I buy a bike from
> your shop, I have a contract with *you*[1], and not the manufacturer,
> which means that it's your responsibility to make sure that the product is
> fit for its intended use -- which is what warranty is based on, if it
> breaks quickly that's prima facie evidence that the product was in fact
> not fit for its intended use (unless you were using a wrench as a hammer,
> causing it to break, but the burden of proving that the product was used
> wrongly lies with the seller, here -- that could easily be different in
> the US).
>
> [1] This is a generic you, since I am highly unlikely to be buying a bike
> at any US store, ever.
>
>>> They didn't want that. They wanted the *entire bike*, which was the
>>> *problem*.
>>
>>Well jasper, you and I are third parties to this and weren't there. In
>
> While this is true, that is what the OP has stated was the case. Barring
> further evidence that that isn't what happened, we have to assume that the
> OP was telling the truth, at least in factual matters.
>
>>my bike shop owner experience, if something is busted, a warranty item,
>>like an STI lever or a frame, I send it back, they inspect and replace
>>generaly. Customer pays for shipping there and rebuild...Manufacturer
>>does/will not...The way it is in the USA for all but Trek/Specialized
>>dealers, I guess.
>
> Many shops around here do similar. It's not actually legal here, though.
> *Being* right and getting the other guy to do right are two very different
> things, here even more so than in the sue-happy US.
>
>>AND in spite of what Perry said, the warranty is for
>>original owner. If Specialized 'deosn't ask', oh well, but their
>>warranty clearly states original owner.
>
> I personally don't have a problem with that part -- wanting to see a
> receipt is perfectly legit. Although I don't *like* the provision (it
> encourages waste and wanting new things rather than secondhand things,
> primarily).
>
> Jasper
