Manufacturer responsibility outside of warranty period?
Discussion
Does a manufacturer have any responsibility for their product outside of a warranty period?
A one-piece bike crank has failed on a bike that’s 18 months old (less than 100 miles ridden but that’s not really provable). It’s a spindle that is supposed to be machined into a slot in the crankset to form a single component, and it’s now coming loose, so it could be argued that it’s not just wear and tear on a serviceable part, it’s just not been designed/built to a specification that will last. It's not uncommon with this part, apparently.
It's kind of academic because the problem is being fixed one way or the other and I’ll not be going through the hassle of chasing it up over £100ish, just curious what the legal position was.
A one-piece bike crank has failed on a bike that’s 18 months old (less than 100 miles ridden but that’s not really provable). It’s a spindle that is supposed to be machined into a slot in the crankset to form a single component, and it’s now coming loose, so it could be argued that it’s not just wear and tear on a serviceable part, it’s just not been designed/built to a specification that will last. It's not uncommon with this part, apparently.
It's kind of academic because the problem is being fixed one way or the other and I’ll not be going through the hassle of chasing it up over £100ish, just curious what the legal position was.
No. The manufacturer can offer a warranty voluntarily and is liable for what it says in the time period given.
The retailer has responsibilities under the Consumer Rights Act 2015 - but whether to have a claim depends on various factors and there is no black or white answer. You could potentially make a claim for up to 6 years but given so few products actually expect to last 6 years i doubt many claims are successful after that long.
You would need to show the product had a design fault and it would not be expected to fail as it has.
The retailer has responsibilities under the Consumer Rights Act 2015 - but whether to have a claim depends on various factors and there is no black or white answer. You could potentially make a claim for up to 6 years but given so few products actually expect to last 6 years i doubt many claims are successful after that long.
You would need to show the product had a design fault and it would not be expected to fail as it has.
Legally responsible or not, have you tried contacting the manufacturer to inform them of the fault? (Not in a: "Demanding a free replacement" manner, but in a: "Just to let you know" manner).
It may be that they appreciate the information, as it will help them improve their quality by checking for similar faults, and they might possibly send a free replacement (Not every manufacturer takes a: "Tough cr4p!, it's out of warranty so not our problem!" attitude )
Of course, they may not care at all, and completely ignore your correspondence, but unless you contact them, you will never know.
At the end of the day, I'd say it's worth a try, after all, what have you got to lose?
It may be that they appreciate the information, as it will help them improve their quality by checking for similar faults, and they might possibly send a free replacement (Not every manufacturer takes a: "Tough cr4p!, it's out of warranty so not our problem!" attitude )
Of course, they may not care at all, and completely ignore your correspondence, but unless you contact them, you will never know.
At the end of the day, I'd say it's worth a try, after all, what have you got to lose?
I haven't but the shop has contacted the bike manufacturer - it's a 3rd (4th?) party part and it's kind of got a reputation for it so the bike manufacturer would already know about the reliability of that part.
They're trying to get a better replacement but I'm pretty sure I'm going to be paying list price for it.
In normal use it would have been picked up within the warranty period but the guy I bought the bike from had it sat in his garage for a year before selling it on. It was a bargain so I'm not too miffed, just a little bit miffed.
They're trying to get a better replacement but I'm pretty sure I'm going to be paying list price for it.
In normal use it would have been picked up within the warranty period but the guy I bought the bike from had it sat in his garage for a year before selling it on. It was a bargain so I'm not too miffed, just a little bit miffed.
ScotHill said:
I haven't but the shop has contacted the bike manufacturer - it's a 3rd (4th?) party part and it's kind of got a reputation for it so the bike manufacturer would already know about the reliability of that part.
They're trying to get a better replacement but I'm pretty sure I'm going to be paying list price for it.
In normal use it would have been picked up within the warranty period but the guy I bought the bike from had it sat in his garage for a year before selling it on. It was a bargain so I'm not too miffed, just a little bit miffed.
The info above makes the position pretty straightforward:They're trying to get a better replacement but I'm pretty sure I'm going to be paying list price for it.
In normal use it would have been picked up within the warranty period but the guy I bought the bike from had it sat in his garage for a year before selling it on. It was a bargain so I'm not too miffed, just a little bit miffed.
1. If the term of any warranty they did offer has expired, the manufacturer has no obligation to you as the owner to replace the or repair the part or give any kind of refund/other compensation for the failed part.
2. Neither does the shop that originally sold it to you (i.e. you have no right of redress under the Consumer Rights Act) - you were not their customer.
3. Assuming the bloke you bought it from wasn't selling it in the course of business, it's exceedingly unlikely that you'd have any rights against him - there aren't any implied terms about quality (or fitness for purpose) in private sales.
Sorry!
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff