The frustration ate into my fingers, jerking and twitching. Deeper and deeper. A little more with every braking manoeuvre. Eventually, the entire nervous system was affected. Fridl Lang had already noticed a strangely wobbly braking behaviour on the first few rides with the new bike. The pads alternately bit hungrily into the front brake disc, only to suck on it tiredly a second later, then snap shut again, suck again and so on, while the pulled lever twitched nervously in his fingers. An analysis with a caliper revealed that the disc was unevenly thick. The mail order company would not exchange the disc, despite the two-year guarantee on all parts. At some point, the disc would slow down, according to the 08/15 reasoning. "It was only when I slipped off with the front wheel due to the difference in braking performance and threatened compensation in the event of a serious accident that a new disc arrived promptly," Fridl Lang is still annoyed. The war of nerves lasted a year.
Guarantee - a word straight out of a savings bank prospectus for retirement provision. A lulling synonym for security and zero risk, intended to fuel the desire to buy. There is hardly a manufacturer who does not go on the sales offensive with full-bodied guarantee promises. But the reality is full of pitfalls. For manufacturers and customers alike. Shocks collapse on harmless forest paths, but the exchange is rejected due to alleged overloading. Suspension forks are advertised with radical racing photos, but racing is excluded in the very small print of the warranty conditions. Or bikes end up in the service departments that were still on the roof rack when they entered the underground car park.
Dirk Zedler receives a lot of cases like this. The expert has specialised in investigating disputed cases of damage. What has been used inappropriately, what has been messed up by amateurish assembly, what has been constructed incorrectly? Zedler can't complain about a lack of work. His entire office is full of glass cabinets in which he preserves the horror. Split handlebars, bent seat posts, split cranks. "The legal situation is actually absolutely clear, but hardly anyone is really familiar with it," says Zedler and adds: "A lot of shenanigans are being played with the warranty, including by end users, it has to be said quite clearly. Some people put fat tyres on their touring bikes, tilt the saddle back and think they have a dirt bike. And then the fork breaks when they land on the jump." Recklessness that clutters up service departments and often also medical records.
Once the bike is scrap, the trouble starts. Who is liable and, above all, for what? The theoretical answer is simple and has little to do with a warranty. As widespread as the term is, it is very misleading. A guarantee is nothing more than a voluntary additional promise by the manufacturer. And this is only subject to their very own conditions, the often not unjustifiably so-called "small print". "If, for example, a company wants the completed warranty card sent to me within two days and I miss this deadline, I may be out of luck," says Stuttgart-based lawyer Dr Michael Heidelbach, who specialises in this kind of trouble. Either way, the only really decisive factor for bikers is the so-called "liability for material defects". This automatically applies for a period of two years from purchase and ensures that the customer receives a defect-free product for their money. If a frame breaks, a wheel wobbles or a damper gives up the ghost, the dealer must supply a replacement. Or repair it. Of course, only if the part has been used for its intended purpose. Deciding this is the great difficulty with a mountain bike. The range of use is too wide, the riding style too different. Is a trail descent on Lake Garda still a tour or already a radical downhill? Does a knee-high rock step count as a normal obstacle or already as a drop? When is a fall a fall? When is a riding error a riding error? Photos can help. Witnesses too. Because if the repair or replacement is refused, the only option is to go to a lawyer.
The manufacturers of shocks and suspension forks in particular try to prevent unnecessary scrapping by setting tight maintenance intervals. According to the user manual, a Marzocchi "Bomber" fork needs an oil change every 50 hours, which can force frequent riders into the workshop every month. The oil bath of a Rock Shox "Reba" also needs to be refreshed every 50 hours. Fox prescribes a major inspection once a year. Suspension is high-tech in constant mud. But very few bikers recognise the need for maintenance. "I don't know anyone who adheres to such service intervals. To be honest, I see such requirements as an imposition on customers," grumbles Ralf Hein from the Bruchsaal "Bunny Hop Shop". And even at the shop giant Stadler, service man Ben Keller has to admit: "There's no such thing as people coming in every few months for a check-up." It can't really be controlled anyway. "We first have to assume that the customer is telling the truth. But when we open a shock absorber, we can see exactly what has happened to it," says Marzocchi spokesman Francesco Marzari.
Stuttgart, a functional hall on the eastern outskirts of the city. From here, Lange & Co distributes millions of Shimano parts and other accessories to all corners of Germany. Some come back in a desolate condition, for whatever reason. In order to be able to process each individual case quickly, the company has a twelve-strong team that deals exclusively with complaints. "Only satisfied customers are loyal customers," preaches department manager Frank Prüwer as he turns a returned saddle over in his hands. The leather in the centre flank area is scuffed. "Hmm," Prüwer grumbles thoughtfully, "the guy's thighs are just too thick, it can't be anything else." A phone call with the customer should clarify things. But first the file is created. To ensure that defects do not occur in future, Prüwer and his crew type all the damage into a computerised mask and send the data directly to the Shimano headquarters in Japan. There they end up in the development department. If a problem is new, the parts are even sent in. Of course, other companies also endeavour to ensure customer satisfaction. BIKE reader Michael Ulmer, for example, couldn't believe it when the service department contacted him less than two hours after he complained about his Scott. The decor had come away from the clear coat in one place. The replacement arrived three days later. More than a hundred times faster than the brake disc at Fridl Lang.
INTERVIEW WITH LAWYER MICHAEL ALBERT
"ALWAYS READ THE SMALL PRINT"
Whether a complaint goes smoothly or turns into a war of nerves can be influenced at the time of purchase.
What should you look out for when buying to minimise the hassle of complaints?
Before buying, you should scrutinise the product very carefully and, if possible, even try it on and off. The better the product is tested, the lower the risk. You should also get an impression of the seller. After all, you will have to deal with any complaints. Buying on eBay is convenient, but you can't see the goods before you buy them. Trouble and misunderstandings are inevitable.
Many manufacturers advertise with warranty promises. How important is the small print?
These are called "General Terms and Conditions" and form part of the contract. However, this also requires an explicit reference from the seller so that the customer is also aware of the small print. In practice, it is of course difficult to explain this in detail during the sales talk. Therefore, the customer must at least be given the opportunity to find out about the terms and conditions in a reasonable way, for example by means of a handbook. I can only advise you to actually read the small print. It is part of the sales contract. You can definitely avoid some unpleasant surprises this way.
Do warranty exclusions, for example in the case of racing, also apply to liability for material defects?
Warranty and liability for material defects are two completely different things. While liability for material defects exists by law and cannot be excluded by general terms and conditions, the guarantee is a contractual assurance by the seller. An exclusion of warranty therefore never affects liability for material defects.
How should you proceed if a dispute is foreseeable?
Do not let the defective part out of your hands until you have photographed it. It is an advantage if you have kept all the documents.
What are the chances of a legal dispute abroad?
This is legally complicated and always depends on the individual case. If the seller is from one of the countries that have signed the "European Convention on Jurisdiction and Enforcement", consumers can settle the legal dispute in the courts of their home country. However, the USA, where many bikers buy online, has not signed this treaty. That's where it gets expensive. Normally, it's not worth it.
