• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Selling an Article Via Ebay Deletes the Guarantee

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

banderas1

New member
Hello there,

I have bought an electronic snowboard via Ebay from a private person, who just did not have the time to drive it anymore. This board still has guarantee for about 1 year and the seller also passed me the invoice in case I have any issues with the board. After driving the board for around 3 hours, I realized that the wheels have an issue, so I contacted LEIFTECH and informed them about the issue. They confirmed that this is a problem with this wheel generation and said to send me a replacement. They asked for the invoice, which I passed to them. Now they tell me that I do not have any warranty because I bought it via Ebay. In their opinion, I also do not have any warranty because my name is not written on the invoice and only people buying directly from them have warranty.

So my question is: Is that true that when buying a used item which has still guarantee, looses its guarantee ?

Leiftechs warranty policy is here: https://leiftech.com/pages/terms-conditions
 


FlyingRon

Senior Member
Not legal according to federal law. Further, as I told you on the other board, the terms page you provided don't meet the legalities for warranty declarations by federal law. There has to be another statement of the actual warranty terms somewhere.
 

justalayman

Senior Member
Not legal according to federal law. Further, as I told you on the other board, the terms page you provided don't meet the legalities for warranty declarations by federal law. There has to be another statement of the actual warranty terms somewhere.
What law prevents a manufacturer from limiting warranties to the original buyer? I’ve never heard of such a thing
 

quincy

Senior Member
Yes, the warranty is nontransferable per the link op provided
Thanks. I didn't look at the link provided by bandera1 (obviously).

The state name is important but it appears that banderas1 is out of luck if he was hoping to take advantage of the warranty.
 

justalayman

Senior Member
Thanks. I didn't look at the link provided by bandera1 (obviously).

The state name is important but it appears that banderas1 is out of luck if he was hoping to take advantage of the warranty.
Ron has posted here and elsewhere that the manufacture cannot do that though. I’m curious as to his basis for the statement. On the other forum I read his response I was wondering if he was having a stroke or something. He named two sections of usc as controlling and neither was even close to being applicable. Not like Ron to err like that. That’s part of why my question to Ron. He’s usually pretty dependable so either he has something in mind or maybe he is having a stroke or something.
 

quincy

Senior Member
I visited the other site and here are links to 15 USC 2301 and 15 USC 2304, which is what I believe FlyingRon meant to refer to in his posts there and referenced here (the Magnuson-Moss Warranty Act). He just mislabeled the Title.

https://www.law.cornell.edu/uscode/text/15/2301
https://www.law.cornell.edu/uscode/text/15/2304

The other sections of 15 USC need to be read, too. See section 2302: https://www.law.cornell.edu/uscode/text/15/2302

Conditions can be placed on warranties, however, including that the warranty is not transferable or does not apply to "as-is" sales.
 
Last edited:

HRZ

Senior Member
The mfgr's warranty clearly states it is not transferable . Others also noted that detail.
 

banderas1

New member
The consumer laws are insane. Here in Europe, the warranty is bound to the product because manufacturers are standing behind their product. Where is the difference if I am the first or second owner when the guarantee is not over ? I do not see a reasonable reason why - just like that - the guarantee is away? The product is still the same...nothing changed...the manufacturer got his money...nothing changed...so which part did I miss ?? Does a serious company do that ?
 

not2cleverRed

Obvious Observer
The consumer laws are insane. Here in Europe, the warranty is bound to the product because manufacturers are standing behind their product. Where is the difference if I am the first or second owner when the guarantee is not over ? I do not see a reasonable reason why - just like that - the guarantee is away? The product is still the same...nothing changed...the manufacturer got his money...nothing changed...so which part did I miss ?? Does a serious company do that ?
I'd say the part you missed is that this site is "US law only".
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top