Lifetime warranty claims land Belkin in trouble

Belkin is possibly the ‘tip of the iceberg’ when it comes to companies advertising their products as having a lifetime warranty, without providing any information about that this means.

Many non-electrical kitchen items (such as kettles, pots and pans, cutlery/knifes etc) often have labelling of ‘lifetime warranty’ on their packaging but provide no information to what this means.

For example, we recently bought an Esstelle kettle which had the following information taken from their Use and Care guide enclosed with the kettle on purchase:

LIFETIME WARRANTY
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Meyer Cookware Australia Pty Ltd (“Meyer”) provides the following warranty in relation to Essteele (“the Product”). The benefits of this warranty are in addition to any rights and remedies imposed by Australian State and Federal legislation that cannot be excluded. Nothing in this warranty is to be interpreted as excluding, restricting or modifying any State or Federal legislation applicable to the supply of goods and services which cannot be excluded, restricted or modified.

WARRANTY

Meyer warrants that, subject to the exclusions and limitations below, the Product will be free from defects in materials and workmanship under normal domestic household use for the lifetime of the Product. The warranty period commences on the date of sale by the original retailer to the original purchaser. The lifetime warranty applies only while the Product is owned by the original purchaser.

Use of the Product in a commercial capacity will void this Lifetime Warranty.

If a defect appears in the Product before the end of the warranty period and Meyer finds the Product to be defective in materials or workmanship, Meyer will, in its sole discretion either:
(a) repair the Product using identical components; or
(b) replace the Product with a product comparable in quality and value

Meyer reserves the right to replace defective parts of the Product with parts and components of similar quality, grade and composition where an identical part or component is not available.Products presented for repair may be replaced by refurbished products of the same type rather than being repaired. Refurbished parts may be used to repair the products. Meyer reserves the right to change or discontinue its product ranges at any time without notice and without liability.

WARRANTY CLAIMS

Any claims for warranty should be made with proof of purchase and full details of the alleged defect, to Meyer Cookware Australia Pty Ltd, by sending the Product to the reply paid address below for assessment. Meyer Cookware Australia Pty Ltd Service Department Reply Paid 85097 Croydon South Victoria 3136 AUSTRALIA

Alternatively, you can return the Product to the retailer from whom the Product was purchased, with proof of purchase and full details of the alleged defect. To ensure the validity of your warranty please retain proof of purchase and register the purchase with Meyer on-line or alternatively via mail. The customer must make the Product available to Meyer or its authorised repair agent for inspection and testing.

LIMITATIONS

Meyer makes no express warranties or representations other than set out in this Warranty. The repair or replacement of the Product, or the refund of the purchase price of the Product, is the absolute limit of Meyer’s liability under this Express Warranty.

EXCLUSIONS
This warranty does not apply where:
(a) the damage to or defect in the Product is caused by normal wear and tear;
(b) the Product has been on-sold or assigned by the original purchaser;
© the Product has been used for commercial purposes;
(d) the Product has been used for purposes other than the purpose for which it was designed;
(e) the Product has been repaired by someone other than Meyer or an authorised repairer of Meyer;
(f) the Product has been subject to abnormal conditions, whether of temperature, water, humidity, pressure, stress or similar;
(g) corrosive or abrasive matter has been applied to the Product;
(h) the defect in the Product has arisen due to the original purchaser’s failure to properly maintain or use the Product in accordance with the Use and Care Instructions specified by Meyer; or
i) the Product has been misused, abused, neglected or involved in an accident.
This warranty does not cover scratches, stains, discoloration or damage caused by overheating.

Whilst the lifetime warranty seems good when deciding on the purchase, the limitations actually indicate that the warranty is not really lifetime as there are many exclusions…one including from in effect, using the product.

It also doesn’t really extend an warranties provided under the ACL…but gives the impression that it does. It is false and misleading to say the least to say it has a lifetime warranty. Similar wording applies for all Esstelle products, as well as other brands marketed/distributed by Meyer.

When questioning the retailer, they indicated that the maximum warranty would be 10 years, subject to the limitations.

The only company I know of that honours a real lifetime warranty is Tupperware…which will replace items decades old if they are split or deteriorate to a point where they are unusable…but I suppose you pay for the lifetime warranty as their goods are far more expensive that most other in the marketplace.

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