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Faulty Running Machine

Hi,
I bought an elliptical exercise machine from Fitness Superstore in January this year.
I was the only user and it was used on average of 30 minutes a day for about 6 weeks.
A bolt head then snapped off one of the arms attached to the back and that arm is now coming away from the main body.
I phoned Fitness Superstore and they asked a number of questions (how many people use it, how much do they weigh (!), etc) and then the clincher. They asked where it was. I said in the garage. They said that's not covered in the warranty and refused to help.

I asked for a replacement or refund but they will not budge.
Is it reasonable to have in the small print that it cannot go in the garage? They say it's too cold in there and this may have contributed to the problem.

I now have a £400 exercise machine that is unusable.

Any advice is much appreciated
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Comments

  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    chutney51 wrote: »
    Hi,
    I bought an elliptical exercise machine from Fitness Superstore in January this year.
    I was the only user and it was used on average of 30 minutes a day for about 6 weeks.
    A bolt head then snapped off one of the arms attached to the back and that arm is now coming away from the main body.
    I phoned Fitness Superstore and they asked a number of questions (how many people use it, how much do they weigh (!), etc) and then the clincher. They asked where it was. I said in the garage. They said that's not covered in the warranty and refused to help.

    I asked for a replacement or refund but they will not budge.
    Is it reasonable to have in the small print that it cannot go in the garage? They say it's too cold in there and this may have contributed to the problem.

    I now have a £400 exercise machine that is unusable.

    Any advice is much appreciated

    Why do you not just replace the bolt?
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • chutney51
    chutney51 Posts: 27 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    The head of the bolt came off. The other half is still in and without a head I cannot get it out.

    Further, the arm which the bolt is connecting to the flywheel at the back is now at a slight angle to the main body. The arm on the other side (with all 3 bolts in place) is parallel.
    I think this damage will get worse even if I could replace the bolt.

    I asked them to send a new bolt. They said yes but is has not turned up.
    Further calls are not being answered.

    I think the warranty being voided by being kept in a garage seems overly harsh.
    I am sure this is where most people keep a piece of equipment like this.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Warranty is subject to any terms and conditions they decide to put on it .


    Warranty is not your Consumer Rights against the vendor .See CR sticky top of this section .
  • chutney51
    chutney51 Posts: 27 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Fair enough. I just wondered if anybody had experience of something like this.
    I'm contemplating going a legal route and test whether it's a reasonable clause to put in a warranty.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As said anything can go in a warranty it is an extra and nothing to do with your Consumer Rights .
    Consumer Rights your rights in law against the vendor .
    Please read the sticky especially regarding six months rule .
    https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange/
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,431 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chutney51 wrote: »
    Fair enough. I just wondered if anybody had experience of something like this.
    I'm contemplating going a legal route and test whether it's a reasonable clause to put in a warranty.
    It sounds a perfectly reasonable clause to me. They are providing a warranty for the components being used in a "normal" domestic environment, not when they're stored and used in an environment that is likely to experience greater ranges of temperature and humidity.

    As to the DIY solution, the bolt shaft can be drilled out but as you say, if the arm is bent, replacing the bolt may not fix the machine.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chutney51 wrote: »
    I'm contemplating going a legal route and test whether it's a reasonable clause to put in a warranty.
    As above, you don't need to rely on the warranty - but out of interest can you quote what the warranty actually says on this point?
  • sheramber
    sheramber Posts: 21,717 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Warranty Information

    All products on our website and in our catalogues are covered by a manufacturer's warranty. If you are using any of the products in an environment other than in a residential house, you must check to see if the product you are purchasing has a warranty for the environment you are going to use it in. For example, a product with a "home use" warranty will have no warranty whatsoever if used in a Full or Light Commercial environment. If you are unsure as to which classification of usage you require, please ask and we will be happy to check if the chosen products are suitable. No manufacturer's warranty covers failure of a product if caused by unreasonable or abusive use, if the customer alters the product in any way or if the customer fails to provide reasonable and necessary care. Warranties also vary from manufacturer to manufacturer. If you require clarification of the terms for particular products, we will be happy to supply these for you if not already detailed on the website.


    I think this is what applies

    All products on our website and in our catalogues are covered by a manufacturer's warranty. If you are using any of the products in an environment other than in a residential house, you must check to see if the product you are purchasing has a warranty for the environment you are going to use it in. For example, a product with a "home use" warranty will have no warranty whatsoever if used in a Full or Light Commercial environment
  • chutney51
    chutney51 Posts: 27 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    This is the part of the warranty.

    " Improper location including, but not limited to, humid, dusty, or outdoor environments (examples include garages, cellars, porches, and patios)."

    A clause like that is understandable for a TV, for example, but seems harsh for something mechanical like this.
  • lincroft1710
    lincroft1710 Posts: 18,665 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    chutney51 wrote: »
    This is the part of the warranty.

    " Improper location including, but not limited to, humid, dusty, or outdoor environments (examples include garages, cellars, porches, and patios)."

    A clause like that is understandable for a TV, for example, but seems harsh for something mechanical like this.

    It doesn't matter if it does seem harsh, those are the terms and conditions and there may be good reason why the machine shouldn't be operated in such areas Your experience with this machine may be a reason.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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