Product Warranty

[Scuba]

When it comes to scuba gear warranties, it appears the consumer is at the mercy of the retailers, either LDS or internet. Many of them, whether authorized dealers or not, simply choose how and whether they desire to honor a manufacturer's product warranty.

Some of the reason for this appears to be due to the lack of interest in the part of the manufacturer to demand their authorized dealers to service and warrant their product regardless of place of purchase. Along with consumer complacency and acceptance.

Many states have laws that apply to product warranty issues regardless of what the manufacturer's warranty says. For example in California, ( unless this has recently changed ) the law states that for a product purchased in this state the manufacturer's warranty applies regardless of whether the warranty card is returned to the manufacturer or not. Some manufacturer's state as part of their warranty that if the warranty card is not mailed back within X period of time, the warranty is void. In this case California law supersedes the manufacturers claim.

Do some of you have other knowledge of warranty issues. Legal or otherwise. I would specifically like to know if an authorized dealer is obligated to honor a warranty for a product he is authorized to sell, whether he sold it or not. Legal or contractual. Someone in another post, who is an LDS, said he was not obligated to honor such warranty. Any other knowledgeable sources want to contribute.

Buyer beware.

I will ask some manufacturers about this and report back.

 

[jeffsterinsf]

...but it is my understanding that in the United States, the validity of a warranty may not be voided by any action that would require expense on the part of the beneficiary. Since most "warranty cards" require postage, this is generally accepted as being, in reality, marketing information cards. Hence the accepted notion that acceptable proof of purchase from an authorized source is sufficient for US warranty claims.

All bets are off if it is an additional level of support that comes from sending in cards -- that is, I would imagine, like paying hard cash for an extended warranty.

IMHO, the wonderful "fair trade" policies that several of the US distributors impose on their retailers has some benefit. Having dealt with customer service in different industries, we count the cost of each call at typically between $10 and $75. Count one "call" for them unboxing the rig and making sure it works for you -- I don"t know many other retail products that offer that service. Is this a legal contract, no -- is it a reasonable expectation, I would say so! But if the LDS is unhelpful, the power is with the manufacturer and the LDS' need to have that manufacturer to sell.

(Ok, that said, where did I buy my computer, and where will my next BC and reg, and exposure gear come from? Who will I pay to bench test my next reg before I dive with it? Value and comfort can answer those questions.)

Remember that the warranty is between the manufacturer of the product and you -- the LDS is simply a point of sale in most circumstances -- the implied contract you have with them generally is limited to the delivery of goods and payment for those goods, unless you have negotiated anything else.

If the LDS does not honor a written warranty, your best source of recourse is directly with the manufacturer (they are the other party in the agreement, not the LDS). If you cannot resolve the issue oin that manner, I suggest you explore the various avenues for legal recouse. In California, the Nolo Press series has some excellent legal advice. With any luck, your manufacturer is reputable, and you won't have to go that far!

 

[Genesis]

I have just fired off a letter to the FTC on these "policies".

I suspect it will stir the pot a bit...

 

[MikeFerrara]

To my knowlege as a retailor I have nothing to do with the warrenty. No warrenty on scuba equipment covers my labor. I can send it to the manufacturer in which case somebody must pay me for shipping (usually the manufacturer does). The manufacturer may supply parts at no cost in which case somebody must pay me for the labor. I have never had a manufacturer pay me for my labor. If I sold a product at a descent markup I might put in a little labor as a customer service. If I didn't sell it or I had to sell at a loss, why in the world would I choose to lose more by working for free.

Look folks, when we pay more for a reg than what you can buy it for on-line and then we get all the problems, and we are supposed to foot the bill for the whole thing, what sense does it make?

 

[Diversauras]

I understand and as all know, I am on the side of the LDS in the sales issue. I wonder why the warranty policy from the manufacturers is so lame.

IMO, If they had a decent warranty and required that all sellers also be service centers and honor their warranties, and they paid for the labor as they should, the problem would go away huh? The online sales would either be without warranty or the online sellers would also have to be in the repair business, which would drive their prices up near the LDS. This would drive the clients back to the LDS probably since there would be little difference in price and dealing with locals is better than mailing off your "baby".

 

[Genesis]

is that the mail order places aren't in the service business.

They are, in fact.

LP and the others provide a shop warranty equal to that of the manufacturer.

Yes, you have to send it out.

So what?

Tell your LDS that you NEED your reg TOMORROW when you have it serviced and you expect them to provide you with a loaner until it is done.

Forgetaboutit.

If the warranty policies of the manufacturers don't pay labor costs of the shop that are incurred, then you're dealing with the wrong people.

Of course whether you, as a shop owner, resist this and even band together in order to sue for the purpose of stopping the restraint of trade and other games, or whether you just go along is up to you.

But it begs the question:

Exactly who do you, as a LDS owner, work for?

If you act contrary to my interests as a customer, and in line with the interests of the manufacturer, its pretty reasonable for me to assume that you're working for them - and not me as a consumer.

That's an awfully odd way of earning my business!

 

[Diversauras]

You're a laywer, right?

 

[Genesis]

not even close.

I'm a retired ex-CEO of a company that was in the customer service business.

As all firms should be.

I often clashed with vendors, sometimes seriously so. So be it - my allegience isn't to them, its to the people who rely on me to provide them with products and services!

 

[Lead_carrier]

Genesis once bubbled...
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is that the mail order places aren't in the service business.

They are, in fact. LP and the others provide a shop warranty equal to that of the manufacturer. Yes, you have to send it out. Tell your LDS that you NEED your reg TOMORROW when you have it serviced and you expect them to provide you with a loaner until it is done.

Sorry to dissapoint you Genisis. If a good customer, not necessarily a big spending one brings in his regulator. I have loaned out my personal gear to people that had real problems. Waiting to bring it in for service the night before you leave for a trip is not my problem. Waiting until a day or so before your trip to check your equipment is your problem.

If you act contrary to my interests as a customer, and in line with the interests of the manufacturer, its pretty reasonable for me to assume that you're working for them - and not me as a consumer.

In your case, you're probably right.

now what dive shop or manufacturer do you represent? Crazy Charlies Sink or Swim, oh yea, the big blue dolphin with the cast iron tail.. I remember seeing you on my last dive.

 

[Genesis]

the customer's problem.

Yes, I understand.

The common belief among LDS' seems to be that you are part of a "partnership" with the manufacturers - with the customer's interest far, far behind.