The sun shines, the carbon frame is polished and the silent run of the chain is the only noise in the quiet landscape. This is how road racing should be. As long as all runs perfectly, road racers and dealers are best friends. They have the same hobby and have a lot of joy with sophisticated engineering. But what happens when the chain jumps permanently to the one or the other side or when the frame surface is affected by cracks? Then customers and dealers often become bitter enemies, all the more as both sides are often enough not familiar with current laws. (...)
LIABILITY FOR MATERIAL DEFECTS
You’re looking forward to the first weekend trip with your brand-new road racing bike. Facing your first uphill climb you shift into the easiest gear, then a cracking noise, the cranks and the rear wheel get blocked and you hardly prevent a fall. (...)
The cause of all this mess is improper adjustment: this falls under warranty, your dealer is obliged to compensate the entire damage. The warranty is granted from the date of purchase on and regulates the contingent liability between dealer and customer. (...)
Warranty and product liability are consumer protective laws. A guarantee extending the two-year period and Crash Replacement applicable in case of an accident can have a cash value – this is a point you should consider when buying a bicycle!
GUARANTEE AND CRASH REPLACEMENT
Two years after the date of purchase the statutory warranty period expires.
Whether or not you’ll find someone who’ll settle the costs in the event of a loss, depends on the guarantee or the crash replacement arrangement granted by the manufacturer. (...)
Even if the damage occurs only years later, you as a consumer are not left completely unprotected. The statutory product liability compels manufacturers to ensure that products are safe and do not pose any risk to the user and the environment ten years from the date of purchase. (...)
Laws and guarantees are like the rules of soccer. It’s only by these rules that the parties involved have a base for a fair dispute. Laws regulate the rights and the obligations on both sides. As customer you should not only consider the question of weight or colour, but also check the receipts and terms of warranty, keep them in a safe place and observe and perform the indications of the manufacturer as to the servicing. Replacement will only be granted in case you do. If the positions will harden nevertheless, in most of the cases it may only help to consult a lawyer who will contribute to clarify the claim, if necessary in cooperation with an expert.
Bicycle expert, Ludwigsburg
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