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A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
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Casual,
You recently purchased a product that has a warranty. The product may be
defective. You ask for advice.
Read the warranty. Does it mention that there are 2 versions, parts
warranty and service warranty? Does it mention that there is a "service
fee"? if the answers are no to these questions then a small claims case
might work. Why haven't you called the retailer and ask for a replacement,
since it is brand new.
Good luck,
Dave M.
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On Mar 26, 7:15 am, "Casual Observer" <"no_junk_mail;"@nowhere.com;;>
wrote:
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
if it says they'll "repair or replace" then you, and any normal
person, would expect them to do just that
the malarky about having to have a service plan sounds like something
you should complain about (assuming they don't stand by their product)
- in general, and by that i mean the hard-to-nail-down common law, a
company that makes exercise bikes is not aloud to get off the hook for
selling you an exercise bike that does not perform as an exercise bike
should
let us know what happens
-c
*the above post is for discussion purposes only*
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Casual,
You recently purchased a product that has a warranty. The product may be
defective. You ask for advice.
Read the warranty. Does it mention that there are 2 versions, parts
warranty and service warranty? Does it mention that there is a "service
fee"? if the answers are no to these questions then a small claims case
might work. Why haven't you called the retailer and ask for a replacement,
since it is brand new.
Good luck,
Dave M.
"Does it mention that there are 2 versions, parts warranty and service
warranty?" - No, the only mention is of a Frame Warranty and a Parts
Warranty.
"Does it mention that there is a "service fee"?". No, mention of a service
fee or service contract.
So far, the retailer has been non-responsive.
Thanks for the feedback.
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In article <5sbku3d21qbbm6p0o6oehlgh4pk4p6aght@4ax.com>,
Casual Observer <"no_junk_mail;"@nowhere.com;;> wrote:
A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
Why don't you name the brand? Are you trying to avoid embarrassing
them? Why?
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
Ask them if you can install the parts yourself.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Extremely small.
Any other suggestions to get this resolved in my favor?
Can you return it since it's under a month since purchase?
You can certainly embarrass them by publicizing the fact that they
sold a bike that failed within a month and want to charge you to make
repairs. Maybe there's a local television station or newspaper with a
consumer reporter who'll take the case.
Seth
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On Thu, 27 Mar 2008 07:29:44 -0400, "David L. Martel"
<marte005@earthlink.net> wrote:
Casual,
You recently purchased a product that has a warranty. The product may be
defective. You ask for advice.
Read the warranty. Does it mention that there are 2 versions, parts
warranty and service warranty? Does it mention that there is a "service
fee"? if the answers are no to these questions then a small claims case
might work.
Is he going to have trouble finding the proper name of entity he needs
to sue?
Long ago, I sued a transmission place based on the name on the sign
that hung outside the shop. IIRC, I won by default but because I
hadn't used the right name, I wasn't able to recover any money. I
couldn't attach? their machinery or tow truck**.
Now I know enough, haven't had to do it, to look at the business
license which must be prominently displayed iiuc. Or to send someone
else to do that.
But if he is suing the maker of the bike, their business might be far
away.
Will the proper business name necessarily be on the bike itself. I
know a lot of companies say Majestic Toaster Oven, mfg by Owings
Electrical, Patterson, New Jersey. and that sounds like it is the
official name of the party to be sued. But wouldn't a crapola outfit
like the one the OP is dealing with, which made the bike, be more
sneaky than to disclose their real name.
Suing both the maker and the vendor would be the right thing to do in
a lawsuit, so they couldn't each pass the buck. But in NYS iirc and I
might be wrong, you couldn't sue two parties, such as a vendor and
maker, at the same time. Is that true in all small claims courts?
**(When I was at the transmission shop trying to collect, the guy at
the auto parts store across the street told me he would only sell to
them for cash, no credit anymore, and that he had been standing
between his tow truck and the car he was towing, and the car broke
both his legs. Which is why he wasn't in that day. And would be
poetic justice for his incompetence fixing cars. I never could decide
if he was telling me the truth, or just telling a story for a friend,
so I would stop bothering the guy.)
Why haven't you called the retailer and ask for a replacement,
since it is brand new.
Good question.
Good luck,
Dave M.
If you are inclined to email me
for some reason, remove NOPSAM :-)
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A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
In law, there is something called an "implied warranty of
merchantability" (IWM). That means that an item is supposed to work
for a reasonable period after purchase. That can't be shortened or
otherwise impaired by some declaration that a manufacturer chooses to
stuff in a shipping box. Nor can it happen when you're suckered into
paying for manufacturer's warranty that falls short of an IWM, absent
an express waiver.
You didn't have to purchase a warranty from anybody to have a valid
complaint that your exercycle failed after just one month of expected
use. IMO, you are entitled to the cost of parts *and* labor.
If you want legal advice rather than an opinion, you should consult a
lawyer licensed to practice in your state. Opinions are like noses--
everybody has one.
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A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
In law, there is something called an "implied warranty of
merchantability" (IWM). That means that an item is supposed to work
for a reasonable period after purchase. That can't be shortened or
otherwise impaired by some declaration that a manufacturer chooses to
stuff in a shipping box. Nor can it happen when you're suckered into
paying for manufacturer's warranty that falls short of an IWM, absent
an express waiver.
You didn't have to purchase a warranty from anybody to have a valid
complaint that your exercycle failed after just one month of expected
use. IMO, you are entitled to the cost of parts *and* labor.
If you want legal advice rather than an opinion, you should consult a
lawyer licensed to practice in your state. Opinions are like noses--
everybody has one.
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A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
In law, there is something called an "implied warranty of
merchantability" (IWM). That means that an item is supposed to work
for a reasonable period after purchase. That can't be shortened or
otherwise impaired by some declaration that a manufacturer chooses to
stuff in a shipping box. Nor can it happen when you're suckered into
paying for manufacturer's warranty that falls short of an IWM, absent
an express waiver.
You didn't have to purchase a warranty from anybody to have a valid
complaint that your exercycle failed after just one month of expected
use. IMO, you are entitled to the cost of parts *and* labor.
If you want legal advice rather than an opinion, you should consult a
lawyer licensed to practice in your state. Opinions are like noses--
everybody has one.
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A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
In law, there is something called an "implied warranty of
merchantability" (IWM). That means that an item is supposed to work
for a reasonable period after purchase. That can't be shortened or
otherwise impaired by some declaration that a manufacturer chooses to
stuff in a shipping box. Nor can it happen when you're suckered into
paying for manufacturer's warranty that falls short of an IWM, absent
an express waiver.
You didn't have to purchase a warranty from anybody to have a valid
complaint that your exercycle failed after just one month of expected
use. IMO, you are entitled to the cost of parts *and* labor.
If you want legal advice rather than an opinion, you should consult a
lawyer licensed to practice in your state. Opinions are like noses--
everybody has one.
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| |
A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
In law, there is something called an "implied warranty of
merchantability" (IWM). That means that an item is supposed to work
for a reasonable period after purchase. That can't be shortened or
otherwise impaired by some declaration that a manufacturer chooses to
stuff in a shipping box. Nor can it happen when you're suckered into
paying for manufacturer's warranty that falls short of an IWM, absent
an express waiver.
You didn't have to purchase a warranty from anybody to have a valid
complaint that your exercycle failed after just one month of expected
use. IMO, you are entitled to the cost of parts *and* labor.
If you want legal advice rather than an opinion, you should consult a
lawyer licensed to practice in your state. Opinions are like noses--
everybody has one.
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| |
A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
In law, there is something called an "implied warranty of
merchantability" (IWM). That means that an item is supposed to work
for a reasonable period after purchase. That can't be shortened or
otherwise impaired by some declaration that a manufacturer chooses to
stuff in a shipping box. Nor can it happen when you're suckered into
paying for manufacturer's warranty that falls short of an IWM, absent
an express waiver.
You didn't have to purchase a warranty from anybody to have a valid
complaint that your exercycle failed after just one month of expected
use. IMO, you are entitled to the cost of parts *and* labor.
If you want legal advice rather than an opinion, you should consult a
lawyer licensed to practice in your state. Opinions are like noses--
everybody has one.
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A stationary exercise bike I purchased new has a "Residential Warranty", and
it's noted at the top of the warranty, "Frame: Lifetime, Parts: 1 Year".
I purchased the bike less than 1 month ago - it was working fine until today
when it started making a slight grinding noise when pedaling - the bike
hasn't been moved or disassembled and reassembled or modified or anything
like that - it sat unused, in a spare bedroom, for three or four days since
I last used it, until I used it today - and then the noise started.
In addition to the "free from defects under normal use" words, the warranty
document also says - "During the warranty period <company name> will repair
or replace (at <company name>'s option) the product if it becomes defective,
malfunctions, or otherwise fails to conform with this limited warranty under
normal use." I called the manufacturer today about the noise, and they
maintain that since I don't have a Service Warranty, only a Parts Warranty,
that they'll provide me with repair parts, but that any time for a repair
technician to actually make any repairs is my responsibility. That's not
how I understand the warranty - the "repair or replace" language seems to
clearly indicate that they'll make it right during the (one year parts)
Warranty period.
The rest of the warranty document talks about how the manufactures owns any
of the defective parts, and how I'm responsible for shipping them back, but
there's nothing about a service warranty or me paying for anything within
the warranty period.
Hopefully, when I talk with management at the company, they'll stand by
their product and repair or replace it - if not, what's my chance of
prevailing in small claims court?
Any other suggestions to get this resolved in my favor?
Thanks!
In law, there is something called an "implied warranty of
merchantability" (IWM). That means that an item is supposed to work
for a reasonable period after purchase. That can't be shortened or
otherwise impaired by some declaration that a manufacturer chooses to
stuff in a shipping box. Nor can it happen when you're suckered into
paying for manufacturer's warranty that falls short of an IWM, absent
an express waiver.
You didn't have to purchase a warranty from anybody to have a valid
complaint that your exercycle failed after just one month of expected
use. IMO, you are entitled to the cost of parts *and* labor.
If you want legal advice rather than an opinion, you should consult a
lawyer licensed to practice in your state. Opinions are like noses--
everybody has one.
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mm,
Is he going to have trouble finding the proper name of entity he needs
to sue?
I'm not sure since I don't have his warranty in front of me but my
warranties have both a name and other contact info, so I suspect he'll be
able to sue the correct business.
In the case you describe I'm puzzled that you were able to serve court
papers on the wrong entity. Your receipt and warranty should have clearly
indicated the business with which you dealy.
Dave M.
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On Sun, 30 Mar 2008 07:58:34 -0400, "David L. Martel"
<marte005@earthlink.net> wrote:
mm,
I'm not sure since I don't have his warranty in front of me but my
warranties have both a name and other contact info, so I suspect he'll be
able to sue the correct business.
In the case you describe I'm puzzled that you were able to serve court
papers on the wrong entity. Your receipt and warranty should have clearly
indicated the business with which you dealy.
I'm sorry to say I don't remember those "details". Counting back,
it's been 30 years.
Dave M.
If you are inclined to email me
for some reason, remove NOPSAM :-)
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