MY BAUER problem, am I wrong?

[GBX2006 0]

I ordered a totalone stick through the My Bauer program, when I received it everything seemed fine with it except there seemed to be a small cosmetic blemish on the toe of the blade, but nothing alarming or worth complaining about at the time. I started using the stick a a couple weeks later and after a few uses the blade was basically eroding from where the blemish initially was. I contacted Bauer as soon as I realized that this stick was obviously a manufacturing defect, unfortunately it was 8 days outside of the 30 day warranty. When I explained the situation to the Bauer warranty supervisor, and after they were given pictures and admitted that there is a problem with the stick, their only response was that it was outside the 30 days and there is nothing they could do. Personally, I feel as though I was sold an imperfect good and should be given a replacement regardless of the warranty, I doubt Toyota would bring up a warranty if they sold you a car with a faulty gas pedal. I was sold a stick that was bad from the day I got it, but by the time I figured it out, the warranty had past.

So my question is, is Bauer right, did the warranty pass and I am out of luck, or should I be given what I paid for at the outset since I basically received a broken stick?

[Shayno 1]

Hindsight is 20/20.....but yeah...I think you should of sent the stick off as soona s you got it, and realized there was an issue. Probably nothing personal, just thier "mandate" at bauer regarding warranty. Sorry bud!

[theflash0000 0]

Unfortunately, you may be without a remedy.

The problem here is that you should have contacted Bauer as soon as you noticed the defect. Contract law (and related warranty) varies by jurisdiction, but a virtually universal concept (and one adopted by the Uniform Commercial Code) is that when a buyer receives a defective (or "imperfect") good, he must notify the seller within a reasonable period of time from when he knew of the defect or should have known of the defect, or be barred from remedy.

That's a long way of saying that you noticed the defect when you got the stick, so you had 30 days (likely the "reasonable" period in this case) to return the product or make a warranty claim.

Now, Bauer would definitely look like the good guy in this case if they allowed the claim past the 8 days, but unfortunately for you, the law is on their side in denying your request.

[Axxion89 32]

I ordered a totalone stick through the My Bauer program, when I received it everything seemed fine with it except there seemed to be a small cosmetic blemish on the toe of the blade, but nothing alarming or worth complaining about at the time. I started using the stick a a couple weeks later and after a few uses the blade was basically eroding from where the blemish initially was. I contacted Bauer as soon as I realized that this stick was obviously a manufacturing defect, unfortunately it was 8 days outside of the 30 day warranty. When I explained the situation to the Bauer warranty supervisor, and after they were given pictures and admitted that there is a problem with the stick, their only response was that it was outside the 30 days and there is nothing they could do. Personally, I feel as though I was sold an imperfect good and should be given a replacement regardless of the warranty, I doubt Toyota would bring up a warranty if they sold you a car with a faulty gas pedal. I was sold a stick that was bad from the day I got it, but by the time I figured it out, the warranty had past.

So my question is, is Bauer right, did the warranty pass and I am out of luck, or should I be given what I paid for at the outset since I basically received a broken stick?

If you have doubt, always call and ask. Unfortunate that it happened but now you know what to do in the future.

[GBX2006 0]

Flash, I'm guessing your a law student, like me, given your use of the UCC article 2, my point with the explanation above is that I thought I was "reasonable" given the unique situation and with the way the blade slowly eroded, anyway I thought in the end Bauer would do the right thing and replace the very obviously imperfect good they sold me, given that I am a loyal customer who paid a lot of money for this stick and waited five weeks to get it, but I get that was an expensive assumption for me to make.

[tareatingrat 4]

Better safe than sorry. I would have sent it off as soon as I noticed, too.

In fact, I did, with Easton, and they replaced it no problem. Had a small crack appear after one game. Called them to ask about it, had pictures and everything, and they just told me to send it back.

I understand you probably didn't want to make what might have been thought of as a frivilous claim, but when in doubt, contact the manufacturer, send them pics, and cover your ass and "investment".

If they told you not to worry about it, that it was cosmetic, and then later it broke in that exact spot that quickly, you'd have a good argument for them to replace your stick.

[HockeySavants 5]

If you actually plan to play with this stick, blemishes and scuffs on your blade are inevitable

[ponder 0]

If you actually plan to play with this stick, blemishes and scuffs on your blade are inevitable

If you read the OP you'll see that he thought it was just a cosmetic blemish, but it was actually a weak point/manufacturing defect that caused the blade to break down really quickly.

Re: the OP, it sucks that this happen, but companies are usually pretty strict about the 30 day warranty with sticks. With that being said I'd call them again and kick up a fuss, I don't think it's out of the question that you might be able to get a replacement even if they don't technically have to give you one, Bauer's customer service is generally pretty good.

[theflash0000 0]

Flash, I'm guessing your a law student, like me, given your use of the UCC article 2, my point with the explanation above is that I thought I was "reasonable" given the unique situation and with the way the blade slowly eroded, anyway I thought in the end Bauer would do the right thing and replace the very obviously imperfect good they sold me, given that I am a loyal customer who paid a lot of money for this stick and waited five weeks to get it, but I get that was an expensive assumption for me to make.

Haha, well, I was a law student, been out for a few years now (certainly no expert in contracts, btw). You are clearly an honest person and you have acknowledged that you noticed the defect when you first received the stick. Unfortunately, as you said, you assumed it was cosmetic only and elected to play with the stick. It would be an entirely different case if, for example, you called Bauer, told them of the defect and Bauer told you, "Don't worry, its just cosmetic." and you thereafter relied on that statement in choosing to play with the stick.

In any event, I most certainly agree with you that Bauer has an opportunity to provide some really nice customer service here and work with you. I definitely encourage you to keep trying--maybe they would be receptive to giving you a discount on a replacement or something of the like.

On a side note, I really think manufacturers (and maybe some consumer watchdogs, too) should take another look at these 30-day warranties. Top-end stick prices are soaring over $200--I would think that would buy you a longer-lasting product. It makes me nervous to purchase a new stick at retail price. Imagine if the warranty was 6-months--I'd have no problem dropping $200 in a heartbeat.

[McDougalfaschnitzer 32]

On a side note, I really think manufacturers (and maybe some consumer watchdogs, too) should take another look at these 30-day warranties. Top-end stick prices are soaring over $200--I would think that would buy you a longer-lasting product. It makes me nervous to purchase a new stick at retail price. Imagine if the warranty was 6-months--I'd have no problem dropping $200 in a heartbeat.

Top of the line sticks are geared for performance, not durability.

If they offered a 6 month warranty, they might as well just sell two sticks for the price of one with no warranty. The warranties cover manufacturer defect, not use of the product, so why would a 6 month warranty be better for you? Enough people exploit the warranty system the way it is now, so such a long period would only worsen that.

[DolomaticDangles 13]

I think it would be cool if manufacturers sold their sticks at two price points. Obviously they make less money, but at the same time theyll be giving away less sticks for warranties.

Widow with warranty:$229

Without warranty$:185

[theflash0000 0]

Top of the line sticks are geared for performance, not durability.

If they offered a 6 month warranty, they might as well just sell two sticks for the price of one with no warranty. The warranties cover manufacturer defect, not use of the product, so why would a 6 month warranty be better for you? Enough people exploit the warranty system the way it is now, so such a long period would only worsen that.

I understand your point, but look at it from the perspective of the manufacturer--if it's meant to cover manufacturing defects, then why doesn't Bauer offer a longer (e.g. 6-month) warranty? Because it knows that those high-end/geared-for-performance-not-durability sticks don't last long even under "ordinary" playing conditions. The implication of the 30-day warranty policy is that any defects that may exist will present themselves within the first 30 days. Any failure after that period is expected to be cause by normal use, given a well-built stick.

So what the warranty policy says is that the product, if made correctly, will function for 30 days, and may thereafter fail. I just find it surprising that the manufacturers can have such a policy and still charge $200+ for OPS sticks. Obviously, the market doesn't agree with me because, as far as I can tell, these sticks are selling quite well.

[tryandstopme 35]

I think it would be cool if manufacturers sold their sticks at two price points. Obviously they make less money, but at the same time theyll be giving away less sticks for warranties.

Widow with warranty:$229

Without warranty$:185

I'm all for options, but I can see how things could get sticky for a manufacturer really quickly.

Does the $185 without warranty stick come with absolutely no warranty even on a gross manufacturing defect? If you take a shot and it caves in in the blade exposing the fact that there isn't any material in an area that should normally be reinforced, you're not going to be happy about plunking down that $185.

Does the $229 stick with warranty include protection from manufacturing defects as well as breakage from normal usage and even abnormal use? The current system seems to have avenues for folks to abuse the warranty, and this policy would potentially open up even more instances of abuse. Might give folks the impression that they're buying "stick breakage insurance" to some degree.

[DarkStar50 680]

Warranty or no warranty? Buy wood.

[theflash0000 0]

I'm all for options, but I can see how things could get sticky for a manufacturer really quickly.

Does the $185 without warranty stick come with absolutely no warranty even on a gross manufacturing defect? If you take a shot and it caves in in the blade exposing the fact that there isn't any material in an area that should normally be reinforced, you're not going to be happy about plunking down that $185.

Does the $229 stick with warranty include protection from manufacturing defects as well as breakage from normal usage and even abnormal use? The current system seems to have avenues for folks to abuse the warranty, and this policy would potentially open up even more instances of abuse. Might give folks the impression that they're buying "stick breakage insurance" to some degree.

Good points. The $185 price point would also create a disincentive for quality manufacturing. I.e., not only would you not get a warranty, but your stick will probably be made more crappily and/or be a reject from the $229 stick manufacturing process.

[DolomaticDangles 13]

I'm all for options, but I can see how things could get sticky for a manufacturer really quickly.

Does the $185 without warranty stick come with absolutely no warranty even on a gross manufacturing defect? If you take a shot and it caves in in the blade exposing the fact that there isn't any material in an area that should normally be reinforced, you're not going to be happy about plunking down that $185.

Does the $229 stick with warranty include protection from manufacturing defects as well as breakage from normal usage and even abnormal use? The current system seems to have avenues for folks to abuse the warranty, and this policy would potentially open up even more instances of abuse. Might give folks the impression that they're buying "stick breakage insurance" to some degree.

What I meant is that the $185 option would be like pro stocks- no warranty whatsoever. The $229 option would carry the same 30 day manufacturer defect warranty as it does now. Ive only ever broken one stick within the warranty period. So for me, it would be a good deal. If it breaks do to a big defect, that's the risk you're taking in buying it.

And to flash: I was just thinking about that, but my thought is that the company would make the same stick, but when you buy the stick, the store could scan it to activate the warranty. There are certainly flaws, just an idea

[wrangler 157]

I understand your point, but look at it from the perspective of the manufacturer--if it's meant to cover manufacturing defects, then why doesn't Bauer offer a longer (e.g. 6-month) warranty? Because it knows that those high-end/geared-for-performance-not-durability sticks don't last long even under "ordinary" playing conditions. The implication of the 30-day warranty policy is that any defects that may exist will present themselves within the first 30 days. Any failure after that period is expected to be cause by normal use, given a well-built stick.

So what the warranty policy says is that the product, if made correctly, will function for 30 days, and may thereafter fail. I just find it surprising that the manufacturers can have such a policy and still charge $200+ for OPS sticks. Obviously, the market doesn't agree with me because, as far as I can tell, these sticks are selling quite well.

The warranty term may be driven not by these considerations, but by marketing. "How long a warranty can we afford for this stick, and still hit this price point?" The warranty term has to generate sufficient consumer confidence to result in high enough sales volume to allow adequate profit at that price point.