Warranty - responsi...
 

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[Closed] Warranty - responsibility with shop or manufacture?

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 Rik
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I always thought the sale of goods act means that your warranty and time outside warranty should be dealt with by the shop. I'm I wrong?

Rutland Cycles don't sem to think so after this response in refusing to warranty a piece of clothing that's failed:

[i]We as the retailer are only the legal entity tasked with handling the supplier/manufacturer on your behalf. We offer no warranties and have absolutely no influence over the decision Endura makes regarding warranty decisions. Endura are the warranty issuer in this case and they reserve the right to refuse any claim they feel does not fall within the terms set out in the warranty stament.[/i]

Is this statement correct?

The sales of good act also states that a product should last for a reasonable period of time irrespective of the warranty period - [i]the goods have lasted for as long as could reasonably be expected.[/i]


 
Posted : 14/03/2015 10:54 am
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Statutory rights. Sod "warranty".

Need more details tho


 
Posted : 14/03/2015 10:57 am
 Rik
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Endura don't have a fixed warranty period according to the website.

I have a Endura Stealth Jacket and after 2 years of only mid winter use ALL and I mean ALL of the external waterproof seam tape have peeled off the jacket. Fine for 2 years then over the space of a month it's all flaked and pealed off the jacket.

Rutland and Endura - say it's caused by fair wear and tear.

I still do not believe that the failure was down to 'normal wear and tear'.

You have inspected the jacket and Endura have inspected the jacket and you will have both seen: - a catastrophic failure of nearly all the waterproof seam tape located on the jacket

Normal wear and tear on a jacket in my eyes would mean that the jacket would slowly loose the ability to function as advertised, in this case be a jacket which is waterproof.

I could understand in a garment of clothing, that if a certain area of the material was subjected to high load/stress or abrasion than that part of the jacket would fail before another area. This could be attributed to an area subject to rubbing like a shoulder area and wearing a rucksack.

In case of this jacket and its a catastrophic failure, this is not the case. The jacket has been worn only in the winter periods (as its a warm winter jacket) and only in wet raining conditions (as its also a waterproof jacket) during the 2 years since the jacket was purchased. So it has not been heavily used. Up until the time when the seams failed the jacket was operating fine, then over period of one month and several wears of the jacket, each and every waterproof seems failed one by one causing (and i use the term again) a a catastrophic failure of the jacket. This is not wear and tear.

This is an extract from my lasted reply back to them


 
Posted : 14/03/2015 11:14 am
 poah
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sale of goods act is with the retailer while a warranty is with the manufacturer unless the shop offer an extended warranty on top of the manufacturer. The shop can't make a warranty decision unless they are the supplier of said warranty.


 
Posted : 14/03/2015 11:41 am
 aP
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Was it washed at too high a temperature?
I had one if the Rapha welded jerseys which came undone which I returned. I had a response that it must have been washed too hot, and a voucher to buy a new one.


 
Posted : 14/03/2015 11:44 am
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I reckon 2 years out of a jacket is ok.

Before asking for warranty I always try to think how could it have happened? Is it a defect?

If you think logically how could the jacket fall apart? I'm guessing its washed incorrectly as it seems unlikely that a jacket will just fall apart whilst cycling.


 
Posted : 14/03/2015 11:46 am
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I have 2 thoughts

That's rubbish. The shop should sort you out and then take it up with Endura

Legally you're probably stuffed as 2 years is quite along and it then boils down to how much you used it


 
Posted : 14/03/2015 11:47 am
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ampthill is correct.

Your contract is with the shop, they make the decision whether to repair / replace / tell you to do one. Their decision may be influenced by their relationship with the supplier, but that's nothing to do you with you.

After two years you're into the realms of goodwill unless you want a protracted legal argument about what "reasonable" means.

Also, the hyperbole of repeatedly using the word "catastrophic" makes you sound like a right old whingebag.


 
Posted : 14/03/2015 12:14 pm
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I've had to warranty Endura Stealth jackets that were that age for a few customers. One had seams that were lifting. It was a red jacket that was now very light pink and stank of Daz. He admitted using it nearly every day for two years, but insisted it was only washed @ 30 degrees without detergents. "No chance" I thought but I phoned Endura and they told me to crack on. Gave him a blue one as a replacement. Off he went.

Another guy, similar story. Insisted he barely washed the jacket but it was originally black, now light grey. Phoned Endura again, again...no problem!! They were happy to sort it out themselves later.

Then......Mr. bloody pink jacket arrives back with his blue jacket just under a year later at which point I told him to jog on. The best of it is though, he went back to the shop when I was off, and another staff member gave him another new jacket 😕

So in my experience Endura were excellent to deal with on a warranty basis. Might there be something else going on.


 
Posted : 14/03/2015 12:18 pm
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From my experience most detergents will melt waterproof materials, even so-called "mild" detergents. This could possibly be a factor.


 
Posted : 14/03/2015 12:53 pm
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Keep at them.


 
Posted : 14/03/2015 1:04 pm
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why should the shop take the hit/loss money?
But then they need to go through the right channels/procedure

Faulty part comes back to shop,
Shop sends it back to supplier for them to check/inspect.
Supplier says yes or no to warranty.
If yes, customer gets new or supplier fixes old one.
If no, bad luck you loss out, might get a voucher/money off next purchase.

I thought Endura is not bad with warrentys so I would ask the shop to forward any emails/letters from endura (also checks shop is doing there job)


 
Posted : 14/03/2015 1:08 pm
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why should the shop take the hit/loss money?

because that is the legal frame work in the UK

Edit "There is of course some logic to this. The law talks about goods being fit for purpose. In theory the retailer is part of process ensuring that things are fit for purpose. If a retailer sells XC race bikes as suitable for slope style that's not the fault of the manufacturer"

Shops of course don't like it. Manufacturers have warranties to support retailers and to prevent poor retailers damaging their brands

But that doesn't change the legal relationship


 
Posted : 14/03/2015 2:56 pm
 Rik
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Thanks for the replies. Just wanted to know my position. It's back with Rutland/Endura so we shall see.

Jacket has been washed at 30 degrees. But again Endura have not said that the jacket has failed because I have done something wrong with the care of the jacket but it's 'fair wear and tear'. Which I think is wrong on a near £200 jacket

The jacket is used def. but it should not have worn out and failed in this way. The jacket is so hot, you can only use it in the depths of winter, which has limited its use.

I've got a gore bike wear gore tex jacket that's knocking on for ten years and it's still fine and waterproof and doing its job.

Like I put in my response if it was one seam that had failed in a high wear area like under where a rucksac strap sits then I could understand it a bit more. But this is every seam tape which has failed. The jacket now has so many seam tape tassels it looks like a bloody country and western line dancing jacket.


 
Posted : 14/03/2015 5:10 pm
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I had a 3 month back and forth argument with Arcteryx when a £650 LEAF Alpha jacket started de laminating after 18 months.
They were of the opinion that their lifetime warranty was for the lifetime of the material not the purchaser and that 18 months was a reasonable length of time for Gore Tex to last before failing.
I got a new jacket eventually, but I'll never buy from them again.
I always thought Endura were good sports about this sort of thing?


 
Posted : 14/03/2015 5:19 pm
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why should the shop take the hit/loss money?
because that is the legal frame work in the UK
Warranty is a manufacturer thing isn't it - goodwill-based ?
Sale of goods would be the shop's responsibility and I guess they're using the manufacturer as "expert" opinion in terms of whether there's an intrinsic defect in the product from the point of manufacture


 
Posted : 14/03/2015 5:22 pm
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I had a 3 month back and forth argument with Arcteryx when a £650 LEAF Alpha jacket started de laminating after 18 months.

How much?


 
Posted : 14/03/2015 6:21 pm
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You can see why people buy Paramo....


 
Posted : 14/03/2015 6:37 pm
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Shop workers aren't qualified to judge on warranty claims. The manufacturer must approve, if they don't then they won't credit the shop and why should the shop be out of pocket?


 
Posted : 14/03/2015 6:42 pm
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Shop workers aren't qualified to judge on warranty claims. The manufacturer must approve, if they don't then they won't credit the shop and why should the shop be out of pocket?

That's not really the customers problem.

And £650 for a coat??? My Paramo stuff is now over 10 years old and still going strong. Easily repaired and re-proofed. Admittedly they are now north of £300 for a coat. But £650!!!


 
Posted : 15/03/2015 10:18 am
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My Paramo stuff is now over 10 years old and still going strong. Easily repaired and re-proofed.

Same here. The adventure smock, which I own can still be had for under £150


 
Posted : 15/03/2015 10:41 am
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To be fair, my work paid for it. £650 is far too rich for me on a coat!
I sold the unopened warranty replacement on eBay for £450 and bought a Platatac one instead for £200...


 
Posted : 15/03/2015 6:21 pm

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