In truth, many so-called ‘manufacturer guarantees’ are worthless. A glance at the small print of these certificates will almost invariably reveal a host of onerous conditions, exclusion clauses and legal ambiguity. Impractical maintenance regimes, unreasonable record keeping demands and unfair burden of proof requirements are just some of the common contractual conditions.
The problem with manufacturer warranties goes much deeper than this. In terms of ‘fitness for purpose’, it’s virtually impossible to separate a product from its physical employment. A manufacturer’s guarantee that doesn’t extend to the installation is of limited value.
Even where the terms of the manufacturer’s guarantee appear to offer real protection for the client a problem still remains. In an era of corporate instability it’s often impossible to know if the company or contractor providing a guarantee will actually be bound to honour it tomorrow.
A guarantee from a defunct company is no guarantee at all.
Ultimately, much of the blame – should a guarantee prove either unenforceable or null and void – must be laid squarely on the shoulders of clients who blindly accept manufacturers’ terms and conditions without question.
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