Guarantee or liability for material defects/warranty?
Within the first two years, the dealer must rectify all defects that were already present at the time of purchase, even if they only become apparent later. This is prescribed by law through the liability for material defects/warranty. In addition, many manufacturers offer a voluntary warranty, which they can organise as they wish (see below: List of warranty services for the top bicycle brands). As a customer, you can make use of both, but not at the same time.
Advantages of the statutory liability for material defects/warranty
- Burden of proof: Within the first six months, the retailer must prove that the product was free of defects at the time of purchase. This is difficult. A clear advantage for the customer.
- The dealer is liable. This means that they are the direct point of contact, especially when buying locally. No hassle with anonymous complaints departments of the manufacturer.
- In the case of complete bikes, the first step is to rework or repair the bike. As part of the warranty, the dealer bears the sometimes considerable costs for transport and assembly.
- After two failed rectifications, the customer can insist on a reduction in the purchase price or a refund (with compensation for previous use).
- The product must have all the warranted characteristics and be suitable as a whole for the "reasonably" expected purpose (i.e. based on the advertising, price, etc.). At the end of a successful complaint based on liability for material defects, the product must be complete and fully functional.
Disadvantages of liability for material defects
- Reversal of the burden of proof after the first six months: the buyer must prove that the defect already existed at the time of purchase.
Advantages of the guarantee
- In short: its duration. A guarantee is only really helpful if it extends well beyond the statutory two-year period of liability for material defects/warranty. In terms of content, the liability for material defects/warranty is otherwise almost always preferable.
- If there is no warranty case in the narrower sense, a manufacturer can still be accommodating towards the customer - more so than a retailer.
Disadvantages of the guarantee
- In most cases, assembly and transport costs as well as necessary replacement parts are not covered.
- No claim to an identical product, but usually to an "equivalent" product. For example, the colour, installation dimensions and other details may change if the frame is replaced with the successor model.
WARRANTY SERVICES OF THE TOP BICYCLE BRANDS*
(*According to BIKE reader survey 2018 in the category "Purchase intention". In alphabetical order, not according to survey results).
CANNONDALE
- Frame / fork (duration): Lifetime on frame; frame category 5 (Freeride, DH or similar) limited to 3 years;
- Fully rear triangles 5 years; Cannondale forks (also Lefty) structure for life
- Paint: 1 year from purchase, not against weathering
- Components: Own brands 1 year
- Crash replacement: No
CANYON
- Frame / fork (duration): 6 years on material and processing defects of Canyon components (including handlebars, road bike forks, etc.)
- Lacquer: Not specified
- Components: Own brand 6 years, otherwise reference to manufacturer
- Crash Replacement: Within 3 years of purchase; discount on Canyon components such as frame/fork
CUBE
- Frame / fork (duration): 6 years on aluminium frames and rigid forks; 3 years on carbon and aluminium/carbon frames and rigid forks
- Lacquer: No
- Components: Not specified
- Crash replacement: On request
GIANT
- Frame / fork (duration): Lifetime warranty on frames; 10 years on rigid forks; 3 years on DH frames
- Lacquer: 1 year
- Components: 1 year on own brands
- Crash replacement: Not specified
LITEVILLE
- Frame / fork (duration): 10 years on Syntace/Liteville components; frame 5 years; thereafter 5 years 50 % discount
- Paint: "All material and manufacturing defects"
- Components: Own brands 10 years
- Crash replacement: No
RADON
- Frame / fork (duration): Aluminium frame 6 years, carbon frame 3 years; not on Swoop 200 and dirt bikes; if purchased before 1.5.2015: only aluminium frame 5 years
- Lacquer: No
- Components: No
- Crash Replacement: Discount on frames purchased after 1.5.2015: 5 years (carbon) or 6 years (aluminium)
SANTA CRUZ
- Frame / fork (duration): Lifetime on frame, swing arm bearing
- Lacquer: Not specified
- Components: Reserve carbon wheels for life; SC carbon handlebars for 5 years
- Crash Replacement: Yes, special offer on request
SCOTT
- Frame / fork (duration): 5 years on frame/rear triangle, provided annual maintenance interval at dealer; not on FR/DH models; only for complete bike purchase; 2 years on fork
- Lacquer: Not against colour change
- Components: Not specified
- Crash Replacement: 3 years for Scott Riders Club members; also bike hire during claims processing
SPECIALIZED
- Frame / fork (duration): Lifetime on all own-brand frames and forks
- Lacquer: 2 years
- Components: Lifetime on Roval wheels
- Crash replacement: On request
YT INDUSTRIES
- Frame / fork (duration): 5 years on frame, except wear parts, seals, etc.; breakage of the derailleur hanger is considered "overuse"
- Lacquer: No
- Components: No
- Crash replacement: Not specified
Six correct
Even savvy consumers reach the limits of their legal knowledge at some point. Then the only thing that helps is to call an expert. We have the Stuttgart Lawyer Dr Michael Heidelbach asked for advice in six problem cases.
1 What happens to the warranty when I buy outside the EU?
For purchases outside the EU, warranty rights are governed by the statutory provisions of the country in which the item was purchased. The seller or manufacturer, on the other hand, determines the different warranty provisions. For example, if the seller or manufacturer offers a worldwide warranty, this can be claimed in the country of the seller or manufacturer. If they only offer a national guarantee, this is not applicable to a foreign buyer.
2 What should I do if I don't like the colour in a warranty case or if a replacement frame doesn't match the rest of the setup?
In the case of a defective purchased item, the seller owes subsequent fulfilment. He must then put the buyer in the same position as he would have been in without the defect. This means, for example, that he must install the same frame for the buyer that he previously removed. This also applies to the colour. If the frame suddenly has a different colour or is even a different frame, the buyer may again demand rectification from the seller.
3 Is the warranty transferred to the new owner when buying second-hand?
With the statutory warranty, the regulation is simple: The commercial dealer concludes a contract with the private buyer - and only with this buyer. If the first buyer later resells the purchased item, there is a new contract between the first buyer and the new buyer. If the new buyer wants to make a complaint, the private seller is the right person to contact. However, private sellers often exclude all warranty claims. The second buyer can then no longer assert any warranty claims.
4 According to the latest legislation, the dealer must have a "bulky item" collected at his own expense in the event of a warranty claim. Is a bicycle such a bulky item?
Yes. If the buyer is a consumer, the seller is obliged to bear all necessary expenses, in particular transport, travel, labour and material costs.
5 Even with a race bike, the manufacturer can exclude racing use or training from the warranty. But does this mean that the manufacturer can also withdraw from the warranty?
No. As long as the bike is used in accordance with its "intended use", warranty rights can be asserted if a defect occurs. So if you buy a race bike, you can assert warranty rights if the bike breaks down during a race. The bike race is then the "intended use".
6 If the bike is customised, the bike dealer becomes the manufacturer. Do I still have warranty claims against the frame manufacturer?
In the case of a customised build, a contract for work and services is usually concluded between the bike dealer and the buyer for the manufacture of a customised bike. Any claims of the buyer are then no longer directed against the original frame manufacturer, but - in accordance with the law on contracts for work and labour - against the seller of the bike.
Wolfgang Schobert is in charge of technical service at Scott Sports. Scott's comprehensive warranty obliges the customer to have an annual service at a specialised workshop. "In case of doubt, we don't care about the stamp if the overall condition of the bike is good. We simply want to create an awareness that a technical product needs service and care. With cars, this is accepted as a matter of course."
You can find this article in BIKE 9/2019. You can read the entire digital edition in the BIKE app (iTunes and Google Play) or the print edition in the DK shop reorder - while stocks last:
