20 warranty, who has to honour it?

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mattwnz

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#116450 29-Apr-2013 14:59

I purchased some expensive knives from a particular NZ retailer. One of the things the knives came with was a 20 year warranty, which is one of the top reasons I purchased them, and I kept the packaging to prove it. The knives have started to fail at the handle, and crack within the warranty period. I went back to the retailer, but they told me that the company that manufacturered the knives ceased trading. However the brand still exists, but under a different company name, but this retailer no longer sell them. They are now sold by another retailer. So the retailer has said that the warranty was void and they wouldn't honour it. There is no mention on the warranty information about the name of the company, just the brand of the product. Would the retailer be required to honour the warranty when the manufacturer has disappeared, as they were the ones who were selling the product and associated warranty with the product. Or should the new company that now owns the brand honour the warranty (eg should they stand behind the quality of their brand). Anyone know who maybe liable for honoring it, or can they all get out of it?

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#807432 29-Apr-2013 15:09

Have you called the NZ distributor asking for resolution?

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ajobbins

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#807437 29-Apr-2013 15:12

I'd ask the retailer to repair, replace or refund under the CGA.

The CGA states that the products must be of reasonable quality. If the manufacturer made assurances that the knives should last 20 years, and they didn't - they are not of reasonable quality.

The fact the manufacturer has gone out of business isn't your problem. The retailer has to honour the CGA

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NonprayingMantis

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#807441 29-Apr-2013 15:15

ajobbins: I'd ask the retailer to repair, replace or refund under the CGA.

The CGA states that the products must be of reasonable quality. If the manufacturer made assurances that the knives should last 20 years, and they didn't - they are not of reasonable quality.

The fact the manufacturer has gone out of business isn't your problem. The retailer has to honour the CGA

A warranty won't state the knifes should last 20 years. It states they will replace them if they fail within 20 years.

What is a reasonable lifespan for a knife? Who knows. A lot would depend on how you used them. but simply having a 20 year manufacturers warranty doesn't mean the retailer has to honour that.

wellygary

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#807442 29-Apr-2013 15:16

No the retailer is not responsible for the 20 year guarantee, unless it wrote it out for you, the manufacturer gave you the guarantee, it is their responsibility this is different to your rights under the CGA.

How long is it since you bought them?

The original company is the one ultimately responsible for honouring the guarantee, I would call the current users of the brand, and see what they will do for you, but legally I think the new owners of the brand will have only purchased the assets of the old company, the liabilities ( including your guarantee), probably remain with the old dead company, and thus you will have no legal rights or ability to make a claim.

Legally I think you are out of luck, but call the new owner and see if they will help you out...

ubergeeknz

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#807444 29-Apr-2013 15:18

This seems to be a common fraud, where a company offers a ridiculously long warranty on a product, then simply closes up shop and starts up with a new company every 3-4 years.

In short, a "20 year" warranty on something like a knife isn't worth the paper it's written on - you should have a go at getting it put right, if you can be bothered, but don't hold your breath.

sleemanj

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#807446 29-Apr-2013 15:18

mattwnz: I purchased some expensive knives from a particular NZ retailer.

How many years ago did you buy them?

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wellygary

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#807448 29-Apr-2013 15:19

ajobbins: I'd ask the retailer to repair, replace or refund under the CGA.

The CGA states that the products must be of reasonable quality. If the manufacturer made assurances that the knives should last 20 years, and they didn't - they are not of reasonable quality.

The fact the manufacturer has gone out of business isn't your problem. The retailer has to honour the CGA

I think you will find that the definition of "reasonable" is not 20 years,

The 20 yr guarantee is in excess of your CGA rights, and only claimable from the manufacturer ( who gave it)

Yes the retailer has to honour the CGA, but this is not a CGA case, its clearly well past a "reasonable" test

trig42

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#807451 29-Apr-2013 15:20

NonprayingMantis:
ajobbins: I'd ask the retailer to repair, replace or refund under the CGA.

The CGA states that the products must be of reasonable quality. If the manufacturer made assurances that the knives should last 20 years, and they didn't - they are not of reasonable quality.

The fact the manufacturer has gone out of business isn't your problem. The retailer has to honour the CGA

A warranty won't state the knifes should last 20 years. It states they will replace them if they fail within 20 years.

What is a reasonable lifespan for a knife? Who knows. A lot would depend on how you used them. but simply having a 20 year manufacturers warranty doesn't mean the retailer has to honour that.

Further to this,

What did the knives cost you? When did you buy it? Is it reasonable to expect that knives of that value should last 20 years?

If I buy a $300 knife, I expect it to last until I no longer want it, or it has been sharpened to nothing. I have one knife in my rack that would be 15 years old, and it is showing no signs of giving up - it gets sharpened when needed and is still a good knife. I would not be taking it back to the shop, however, if the handle came off tomorrow, I figure I have had my value out of it.

freitasm

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#807461 29-Apr-2013 15:25

Are these "As Seen on TV" type of knives?

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graemeh

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#807471 29-Apr-2013 15:29

wellygary:
ajobbins: I'd ask the retailer to repair, replace or refund under the CGA.

The CGA states that the products must be of reasonable quality. If the manufacturer made assurances that the knives should last 20 years, and they didn't - they are not of reasonable quality.

The fact the manufacturer has gone out of business isn't your problem. The retailer has to honour the CGA

I think you will find that the definition of "reasonable" is not 20 years,

The 20 yr guarantee is in excess of your CGA rights, and only claimable from the manufacturer ( who gave it)

Yes the retailer has to honour the CGA, but this is not a CGA case, its clearly well past a "reasonable" test

It is the retailer's problem. The retailer sold the product where the box clearly said "20 year guarantee".

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#807479 29-Apr-2013 15:36

a bit of a the other way round thing - bought a La-Z-Boy which comes with a 10 year warranty but the retailer has gone bust - I am told La-Z-Boy is the one to honour the warranty but haven't had to as yet ... interesting

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#807485 29-Apr-2013 15:43

I'd like to know who the manufacturer is, usually these companies go under but someone buys the stock and continues on, so they might as a good will gesture, do this for you, though they have no obligation.

ajobbins

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#807491 29-Apr-2013 15:51

NonprayingMantis:
ajobbins: I'd ask the retailer to repair, replace or refund under the CGA.

The CGA states that the products must be of reasonable quality. If the manufacturer made assurances that the knives should last 20 years, and they didn't - they are not of reasonable quality.

The fact the manufacturer has gone out of business isn't your problem. The retailer has to honour the CGA

A warranty won't state the knifes should last 20 years. It states they will replace them if they fail within 20 years.

What is a reasonable lifespan for a knife? Who knows. A lot would depend on how you used them. but simply having a 20 year manufacturers warranty doesn't mean the retailer has to honour that.

If they guarantee to replace failed knives within 20 years, does that not imply they expect them to last 20 years?

What the manufacturer is in fact saying is "We think these knives are so good they will last 20 years." The retailer, fairly or unfairly has an obligation to the purchaser to honour the warranty because the person purchase the goods with the understanding that these knives were of a quality where they should easily last 20 years.

The 'reasonable quality' clause in the CGA is fairly ambiguous -HOWEVER, in this case, the knives have failed at a point lower than what the manufacturer specifies.

Usually disputes about 'reasonable quality' come when the failure is past the manufactures guidelines.

For example, if I buy a TV, the manufacturer only states it will last 1 year - however, it would be reasonable to expect that a TV would last longer than that (About 5 years is the guideline from Consumer). However, if the manufacturer stated that the TV should last 10 years, and it failed at 7 - you would still have a valid CGA claim because you have purchased that item with the understanding that it will last 10 years.

The OP has stated the warranty is one of the main reasons he purchased the knives. This gives even more weight to a CGA claim, as had he known prior to purchase these knives were in fact of a lower quality that was advertised he probably would not have made the purchase. Again, rightly or wrongly - the law says that the retailer is responsible for that. In effect, they sold a product that made false claims as to quality.

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mattwnz

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#807500 29-Apr-2013 16:00

freitasm: Are these "As Seen on TV" type of knives?

No, I wouldn't buy anything off those types of advertorials. These were a high quality NZ made brand, although I think the new company that now owns the brand makes them offshore.

They are close to 15 years old, but still well within the warranty period. But I have got other knives that are far older, and I would expect knives to last at least 20 years anyway. I might have to contact the brnad owner, however their contact details are not easy to find as they don't have a website. May have to contact the other retailer to get those details from them.

mattwnz

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#807517 29-Apr-2013 16:09

ajobbins:

The OP has stated the warranty is one of the main reasons he purchased the knives. This gives even more weight to a CGA claim, as had he known prior to purchase these knives were in fact of a lower quality that was advertised he probably would not have made the purchase. Again, rightly or wrongly - the law says that the retailer is responsible for that. In effect, they sold a product that made false claims as to quality.

Thanks you make some good points, and I may pursue the original retailer if I don't get anywhere with the current brand owner.

One problem though is that the quality of knife set that the current brand owner sells is inferior to the product I have got. Mine are chef quality and were hundred, but the ones they now sell are more your average household quality, and are far cheaper as a result. I think they also only have a 12 month warranty. So if they switched them, I would end up with an inferior knife, and I would prefer to keep the current ones, even though the handles are failing.

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