Warranty provisions
Warranty provisions of BMC Trading AG for end customers
BMC Trading AG (hereinafter: BMC) congratulates you on the purchase of your new BMC product. Our name stands for the highest quality, durability and functionality during the definition, production and machining of the materials used as well as for a captivating appearance in the processing, concept and design.
To ensure that you can use your high-quality product from BMC to experience unlimited enjoyment and riding fun over many years, certain rules must be adhered to that are defined below and specifically in your manual.
BMC delivers high-quality bicycles/frames (hereinafter: BMC product) in a pre-assembled state and exclusively to specialist shops.
The creation of the definitive readiness to ride (hereinafter: readiness to ride) and thus the warranty for riding safety, in particular the basic settings of the suspension, derailleur gear and brakes specific to the buyer, shall be performed exclusively by the authorized BMC specialist dealer (hereinafter: BMC dealer)
You as the end customer shall be designated and addressed as buyer (hereinafter: buyer).
The following warranty provisions shall regulate the warranty services of BMC to the buyer and the preconditions under which claims can be made on the warranty services.
1. Manufacturer warranty and exclusion from the warranty against defects in quality from the purchase
Upon the buyer purchasing the BMC product, the buyer shall note the exclusion from the warranty against defects in quality by the BMC dealer.
Upon purchase, the buyer shall be entitled to the manufacturer warranty guaranteed by BMC (hereinafter: warranty) within the following conditions.
2. Components covered by the warranty (scope as regards material and site)
The warranty shall exclusively cover new BMC products that are purchased from a BMC dealer, meaning frames, rigid forks and SCOR components. All other parts and components shall be excluded from this warranty. Claims in this regard must be processed directly by the respective agencies of the individual brands/manufacturers.
3. Warranty period for material defects and design faults (scope of time)
Starting from the date of purchase, BMC shall guarantee the following warranty period:
- Frame 3 years
- impec frame 5 years
- Lacquering 1 year
- BMC-specific parts (forks, SCOR comp.) 2 years
The buyer of a bicycle as of model year 2011 shall have the option of registering the bicycle/frame with BMC on its website (www.bmc-racing.com) within 30 days of the date of purchase and extending the warranty period on the frame from 3 to 5 years (impec: limited lifetime warranty).
4. Warrantee
For BMC to guarantee a warranty on their products, the buyer must have purchased the product from a BMC dealer and have received this from the dealer ready to ride.
The warranty shall only be valid for the initial buyer and can be neither passed on nor transferred to a third party.
5. Warranty exclusion
The following components/parts and circumstances shall be excluded from this warranty or lead to exclusion from this warranty:
- If the bicycle is technically modified without the approval of the manufacturer.
- Subsequent conversion/installation of incompatible or non-original parts
- Wear parts such as swivel head, friction bearing, bearing pin and bearing screws.
- Non-BMC parts/components.
- Consequential damage that is caused by parts/components that are faulty and excluded from this warranty
- Independent rectification of the problem by the BMC dealer is possible
- Improper use/transport
- Missing/delayed warranty inspection
- Improper maintenance (follow operating instructions!)
- Damage resulting from incorrect setting(s) or worn-out components
- Consequences of a fall
- Damage caused by climatic conditions or normal wear
- Damage due to unsuitable cleaning agents, utensils such as high-pressure cleaners or the additives used
- Leasing to third parties or allowing frequent/long-term use by third parties
- Test bikes
6. Scope of the warranty services
- BMC shall undertake the following services based on this warranty during the respective warranty periods, whereby the decision for repair or replacement shall be the subject to the authority of BMC alone:
- Repair or replacement with parts/components of the same value, whereby the replacement may vary from that being replaced with regard to the model and/or color
- If all original components cannot be used due to the replacement of the frame, BMC shall not be liable for their replacement, but is willing to offer these components at special rates
- Services that are not included in the warranty and lie within the area of expertise of the dealer as well as cleaning of bicycles that are delivered dirty shall be charged at the hourly rate and the costs incurred for materials and transport shall be charged
- A service performed under warranty (repair/replacement) shall not extend the original warranty
- Labor costs/wages for warranty work as well as labor costs/wages for maintenance work under the warranty terms (operating instructions) shall not be covered by the warranty and are charged to the buyer
Claims other than those above and those related to parts/components shall not exist; not only - but especially - collateral damage and consequential damage such as penalties and fines shall therefore be excluded from this warranty.
7. Assertion and procedure of warranty claims
Warranty claims shall be reported to your BMC dealer using the completed warranty claim form, the copy of the warranty card or the purchase receipt.
Your BMC dealer shall report your warranty claim, incl. photos of the defective parts and the frame number, to BMC, which shall decide on the further procedure immediately after receiving the warranty claim. Should the clarification require the parts to be checked, these shall be removed and submitted to BMC in a clean state.
Products repaired or replaced within the warranty shall be sent to the BMC dealer. The assembly and basic setting must be performed by the BMC dealer. Should these preconditions not be adhered to, warranty claims of any kind can be rejected.
8. Integral part of the purchase contract between the BMC dealer and the buyer
These warranty provisions shall be an integral part of the purchase contract between the BMC dealer and the buyer. They shall be automatically invalidated should the purchase contract become invalid.
There shall be no warranty services other than those named in the warranty. Possible changes must be in writing and shall require the approval of BMC.
9. Severability clause
Should a provision from this warranty be or become invalid or exhibit a loophole to be closed, the legal force of the remaining provisions shall remain unaffected. Instead of the missing or invalid provision, a provision that comes as close as possible to the meaning of the original provision shall be agreed.
10. Applicable law and place of jurisdiction
For all disputes from or in conjunction with this warranty (also with regard to the question of its conclusion or validity), the exclusive jurisdiction of the courts from the Solothurn canton shall be agreed. This purchase contract shall be subject to Swiss law with the exclusion of a conflict of laws as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Warranty extension
For bicycles as of model year 2011, BMC shall offer the initial purchaser an optional warranty period extended to 5 years (instead of 3 years) on breakage of BMC frames due to material or processing defects.
Crash Replacement
The crash replacement is an optional service from BMC Trading AG, as a result of which you shall have the one-time opportunity to have your BMC frame replaced with a 40 % discount on the respective valid, official list price.