Options after item being replaced three times under warranty period

Gynx

Evening all.

Just after some opinions on my situation and potential options as I can't find much about it online.

I bought a piece of gym equipment (bike) in May 2022 @ £2200 with a 2 year warranty.

Come August 22, item was making some horrifying noises (the item is not serviceable by the end user). Contacted the retailer who suggested the OEM will be able to better assist with a repair. I could have pressed this here with them but was happy with the item until the problem I wanted it fixing/replacing rather than a refund.

Oem instantly stated the whole unit needed replacing (cue 2 weeks with no trainer, 2 days off to work to send and receive the replacements as at 70kg, I can't take them to a posties)

Replacement item was fine until January 24. More noises, again got intouch with the OEM who stated a replacement was needed. Paid a £1700 deposit this time so the replacement came first before I sent the old one back.

Replacement came, got my refund etc and now 3 weeks later, the replacement unit is making noises and the OEM is bound to state an exchange for a third time in 2 years.

Each exchange has been a refurbished unit rather than new and the warranty has not restarted.

As the warranty will expire in May 2024, I'm worried this will be a money pit after that, not to mention the hassle of swapping once or twice a year.

Legally what options do people think I have here ?, can they just replace over and over with knackered units until I'm out of warranty?

Imo, an item at this value should last more than 24 months.

Thanks in advance.

Okell

So within three months of purchase it developed a fault, and you contacted the retailer, and it was the retailer who suggested that you contact the manufacturer?

I don't suppose you made it clear to the retailer that you were trying to enforce your rights under the Consumer Rights Act 2015 (legislation.gov.uk) rather than a manufacturer's warranty?.

If you had done so then when it failed for the second time you could have exercised your right of final rejection under the above legislation and got a refund - although the retailer would be entitled to reduce your refund to reflect the use that you had had of the bike.  If you didn't do so you may have complicated matters for yourself...

I'd suggest you could still go back to the retailer and point out to them that this is the third time it has failed.  Remind them that when it failed the first time, and they chose to refer you to the manufacturer, that you are treating that as their (the retailer's) one attempt** under the above legislation either to repair or replace the bike, and that because it has failed again you are now entitled to a refund under the legislation.   See s24(5)(a) of the above legislation

See what they say to that argument.  Come back here if they don't accept it

Gynx said:

... Legally what options do people think I have here ?, can they just replace over and over with knackered units until I'm out of warranty?...

If you don't want to go down the consumer rights route and would prefer to continue under warranty, then what you are entitled to is entirely dependent on what the terms of the warranty are.  And in the case of a manufacturer's warranty the manufacturer dictates those terms.

What do they say about how many times they can replace the bike?


**Under the Consumer Rights Act a trader basically only has one opportunity either to repair or to replace faulty goods.  If they fail a second time you can demand a refund.  If the goods fail within 6 months of purchase you can get a full refund.  After that the trader can reduce the refund to reflect the use you've had of the item.

born_again

Gynx said:

Evening all.

Just after some opinions on my situation and potential options as I can't find much about it online.

I bought a piece of gym equipment (bike) in May 2022 @ £2200 with a 2 year warranty.

Come August 22, item was making some horrifying noises (the item is not serviceable by the end user). Contacted the retailer who suggested the OEM will be able to better assist with a repair. I could have pressed this here with them but was happy with the item until the problem I wanted it fixing/replacing rather than a refund.

Oem instantly stated the whole unit needed replacing (cue 2 weeks with no trainer, 2 days off to work to send and receive the replacements as at 70kg, I can't take them to a posties)

Replacement item was fine until January 24. More noises, again got intouch with the OEM who stated a replacement was needed. Paid a £1700 deposit this time so the replacement came first before I sent the old one back.

Replacement came, got my refund etc and now 3 weeks later, the replacement unit is making noises and the OEM is bound to state an exchange for a third time in 2 years.

Each exchange has been a refurbished unit rather than new and the warranty has not restarted.

As the warranty will expire in May 2024, I'm worried this will be a money pit after that, not to mention the hassle of swapping once or twice a year.

Legally what options do people think I have here ?, can they just replace over and over with knackered units until I'm out of warranty?

Imo, an item at this value should last more than 24 months.

Thanks in advance.

Even if they sent a new one. Warranty does not restart.

Gynx

Okell said:

So within three months of purchase it developed a fault, and you contacted the retailer, and it was the retailer who suggested that you contact the manufacturer?

Thanks for your detailed response.

It was not quite 3 months, but 99 days between the first issue being raised and the item being received.

But yes, they asked by email for me to raise a ticket with the OEM. I initially pushed back on this stating it was their responsibility to which they then called me to press the matter and remind me it was over 90 days.

As a straight refund would not have helped me much (the bike is a niche market with only 3 alternatives, all similar price and I had great experience with a previous product from this OEM), I went down the warranty route.

I'll approach the retailer to open these discussions.

Oem warranty wise, they state (I've replaced their name with OEM, not sure if we're meant to name drop?)

"OEM may, in its sole discretion repair your product with comparable parts or replace your product with a comparable OEM product (new or a OEM Recertified replacement), or offer a full refund of the purchase price."

Aswell as a load more guff. Importantly there is no mention of a limit on replacement quantity.

Gynx

Each exchange has been a refurbished unit rather than new and the warranty has not restarted.

Even if they sent a new one. Warranty does not restart.

Thanks

Listed that purely for clarity, I'm aware the OEM states the warranty will not restart.

That said, they do offer a 90 day warranty or the continuation of the existing warranty, whatever is longer.

Okell

Gynx said:

Okell said:

So within three months of purchase it developed a fault, and you contacted the retailer, and it was the retailer who suggested that you contact the manufacturer?

Thanks for your detailed response.

It was not quite 3 months, but 99 days between the first issue being raised and the item being received.

But yes, they asked by email for me to raise a ticket with the OEM. I initially pushed back on this stating it was their responsibility to which they then called me to press the matter and remind me it was over 90 days.

As a straight refund would not have helped me much (the bike is a niche market with only 3 alternatives, all similar price and I had great experience with a previous product from this OEM), I went down the warranty route.

I'll approach the retailer to open these discussions.

Oem warranty wise, they state (I've replaced their name with OEM, not sure if we're meant to name drop?)

"OEM may, in its sole discretion repair your product with comparable parts or replace your product with a comparable OEM product (new or a OEM Recertified replacement), or offer a full refund of the purchase price."

Aswell as a load more guff. Importantly there is no mention of a limit on replacement quantity.

OK.

Go to the retailer and remind them that when the bike initially failed it was their decision to ask you to go to the manufacturer for help.  Tell them that you are treating that (their decision to refer you to the manufacturer) as the single attempt at either repair or replacement that they (the retailer) are permitted under the legislation, and that as it has now failed for a third time you are now exercising your final right to reject the bike under s24 of the legislation I linked to in the previous post.

You are entitled to a refund from the retailer, but as you are now more than 6 months** after purchase the retailer is entitled to deduct from that refund an amount to reflect the usage you have had from the bike.  There is no set rule as to how to calculate that so you might have to haggle with them.  (eg if you want to argue the life expectancy of the bike would be 6 years but you had two years use out of it, you would get back two thirds of the purchase price.  If a 8 year life expectancy you'd get 75% back etc etc).  See what they offer.

They might not accept your argument at all.  If they turn you down because, for example, they say you have broken it through misuse or accidental damage, or if they say you need to prove it was inherently faulty when they sold it to you, come back here for further advice.

Technically, because you are now more than 6 months** from purchase, you need to prove on the balance of probability that the bike was inherently "faulty" in some way when they sold it to you.  This could be a design or manufacturing fault or because of substandard materials used in manufacture.  If the retailer challenges you to "prove it" you will probably have to get some sort of independent report to back up your claim.

Can I ask, what sort of fault is it?  Is it the same fault each time - which would suggest the bike itself is faulty in some way - or is it a different fault each time?  Has the manufacturer accepted at all that the machine is faulty?

You need to approach the retailer and see what their response is.

If the retailer refuses to accept your rejection of the bike and you want to take this further (eg sue them) you will almost certainly need some sort of independent report showing the bike must have been faulty when it was sold to you.  If you don't want to go down that route (there is always a risk you will lose) you will have to fall back on the manufacturer's warranty while it is still available.

But you need to go to the trader first and see what their response is, then come back here.

How did you pay for it?  Credit card?

You are allowed to name both the manufacturer and the retailer.  (I assume you bought this online from a UK retailer?  Not from abroad?)


**  This is why - if faults manifest themselves in the first 6 months after purchase - you need to consider carefully whether the legislation or the warranty gives you the remedy you would be happier with.  Some times it might tbe better to follow the consumer rights route.  Sometimes the warranty route.

Gynx

Again thanks for your response.

I don't mind haggling and taking fair usage into account as it is coming upto 2 years.

Evidence wise, I'm hoping that the OEM stating its a fault that requires a full replacement and is covered by the warranty then they would accept the same requirements.

It has been different faults with each unit but all relate to the flywheel being off balance, loose internal components etc.

It's worth mentioning that the unit cannot be serviced by an end user, is listed as requiring no maintenance, and the flywheel element itself can only be removed and repaired using custom tooling which cannot be bought off the shelf in the UK. (It can in South Africa for some reason)

Payment wise, it was on credit card.

Undervalued

Gynx said:

Okell said:

So within three months of purchase it developed a fault, and you contacted the retailer, and it was the retailer who suggested that you contact the manufacturer?

Thanks for your detailed response.

It was not quite 3 months, but 99 days between the first issue being raised and the item being received.

But yes, they asked by email for me to raise a ticket with the OEM. I initially pushed back on this stating it was their responsibility to which they then called me to press the matter and remind me it was over 90 days.

As a straight refund would not have helped me much (the bike is a niche market with only 3 alternatives, all similar price and I had great experience with a previous product from this OEM), I went down the warranty route.
I'll approach the retailer to open these discussions.

Oem warranty wise, they state (I've replaced their name with OEM, not sure if we're meant to name drop?)

"OEM may, in its sole discretion repair your product with comparable parts or replace your product with a comparable OEM product (new or a OEM Recertified replacement), or offer a full refund of the purchase price."

Aswell as a load more guff. Importantly there is no mention of a limit on replacement quantity.

Sorry, I don't understand. 99 days is more than 3 months (the maximum 3 months can be is 93 days).

So their minimum warranty obligation is a repair or a refurbished replacement. Their discretion.

Also as another poster has pointed out, unless the warranty says so (which is unlikely) it doesn't restart the clock, so any replacement (or repair) is only warrantied until the end of the original warranty.

Gynx

Undervalued said:

Gynx said:

Okell said:

So within three months of purchase it developed a fault, and you contacted the retailer, and it was the retailer who suggested that you contact the manufacturer?

Thanks for your detailed response.

It was not quite 3 months, but 99 days between the first issue being raised and the item being received.

But yes, they asked by email for me to raise a ticket with the OEM. I initially pushed back on this stating it was their responsibility to which they then called me to press the matter and remind me it was over 90 days.

As a straight refund would not have helped me much (the bike is a niche market with only 3 alternatives, all similar price and I had great experience with a previous product from this OEM), I went down the warranty route.
I'll approach the retailer to open these discussions.

Oem warranty wise, they state (I've replaced their name with OEM, not sure if we're meant to name drop?)

"OEM may, in its sole discretion repair your product with comparable parts or replace your product with a comparable OEM product (new or a OEM Recertified replacement), or offer a full refund of the purchase price."

Aswell as a load more guff. Importantly there is no mention of a limit on replacement quantity.

Sorry, I don't understand. 99 days is more than 3 months (the maximum 3 months can be is 93 days).

So their minimum warranty obligation is a repair or a refurbished replacement. Their discretion.

Also as another poster has pointed out, unless the warranty says so (which is unlikely) it doesn't restart the clock, so any replacement (or repair) is only warrantied until the end of the original warranty.

I know, that's why it was replaced and why I didn't push any harder to get a full refund, instead following the retailers guidance to raise a ticket with the OEM.

For clarity, my issue is not with the way the first claim was handled. I was satisfied with the outcome.

My issue is that the replacement failed, and that now its replacement has also failed.

So come may, assuming I sent this one away for replacement aswell, I will be out of warranty with an item almost certainly due to fail at a cost of £2200 after 24 month when my previous hardware (same manufacturer, earlier model) lasted 6 years without fault.

Undervalued

Gynx said:

Undervalued said:

Gynx said:

Okell said:

So within three months of purchase it developed a fault, and you contacted the retailer, and it was the retailer who suggested that you contact the manufacturer?

Thanks for your detailed response.

It was not quite 3 months, but 99 days between the first issue being raised and the item being received.

But yes, they asked by email for me to raise a ticket with the OEM. I initially pushed back on this stating it was their responsibility to which they then called me to press the matter and remind me it was over 90 days.

As a straight refund would not have helped me much (the bike is a niche market with only 3 alternatives, all similar price and I had great experience with a previous product from this OEM), I went down the warranty route.
I'll approach the retailer to open these discussions.

Oem warranty wise, they state (I've replaced their name with OEM, not sure if we're meant to name drop?)

"OEM may, in its sole discretion repair your product with comparable parts or replace your product with a comparable OEM product (new or a OEM Recertified replacement), or offer a full refund of the purchase price."

Aswell as a load more guff. Importantly there is no mention of a limit on replacement quantity.

Sorry, I don't understand. 99 days is more than 3 months (the maximum 3 months can be is 93 days).

So their minimum warranty obligation is a repair or a refurbished replacement. Their discretion.

Also as another poster has pointed out, unless the warranty says so (which is unlikely) it doesn't restart the clock, so any replacement (or repair) is only warrantied until the end of the original warranty.

I know, that's why it was replaced and why I didn't push any harder to get a full refund, instead following the retailers guidance to raise a ticket with the OEM.

For clarity, my issue is not with the way the first claim was handled. I was satisfied with the outcome.

My issue is that the replacement failed, and that now its replacement has also failed.

So come may, assuming I sent this one away for replacement aswell, I will be out of warranty with an item almost certainly due to fail at a cost of £2200 after 24 month when my previous hardware (same manufacturer, earlier model) lasted 6 years without fault.

I'm afraid so. OK a reputable company may choose to offer a gesture of goodwill but sadly many warranties are far more limited than many people realise.

Gynx

Just to keep anyone interested updated, I got onto the OEM, mainly for them to confirm that yet another replacement was needed.

They confirmed this as expected which gave me more options moving forward, however after I expressed my dismay at the amount of replacements ive had, they have offered to replace the entire unit, rather than just the motor unit (which is 85% of the bike, but crucially, not the hand controls which could be the cause of issues) which whilst better was less than ideal.

After pushing for something more re-assuring, they have agreed to supply the entire new bike as just that, including a new 2 year warranty to cover any re-occurrences if any until 4 years after original purchase.

Still think I'll get some bother at some point if im honest, but a partial refund due to the elapsed time since purchase would leave me £600-1000 out of pocket anyway.

Thanks for your help.