Question regarding warranty

[handsfull]

Good job George.

Now you can tend to the burns from jumping through the flaming hoops and send them a bill for being a customer service test customer.....charge them additional for the test results.

[david_ord]

Originally Posted by Grissom

Technically, your watch would not fall under the designation of a "Grey" market watch as I recall that it was originally sold new from a US AD. In reality, notwithstanding whatever Rolex USA might say, it is merely a "used" second hand watch, having been resold by the original buyer (at least once), ending up in your hands. While Rolex may not like their Dealers to sell their watches at a discount, and while Rolex may be taking this approach in order to identify dealers who do discount, making it a burden to the Consumer and/or attempting to punish the final owner by denying warranty service is clearly illegal here in the US, as long as the warranty card was "properly" filled out by the original selling AD. As has been stated so many times here on TRF:

"If you carefully review the warranty book -- it seems to only have two conditions for a valid warranty: (a) the watch was sold to a consumer by the Official ROLEX Jeweler whose name appears on the warranty card, and (b) the warranty card is completely filled out by the Official ROLEX Jeweler at the time of purchase. It does not say that the original consumer must present the card for service, or that the warranty only applies to the original purchaser."

I simply cannot understand why Rolex USA, who has approximate annual sales of somewhere in the neighborhood of $3B - $4B (against an estimate of in excess of 700,000 watches), where warranty service can run into the $100s if not $1000s (US Dollars), per watch, would open themselves up to any class action/mass tort, as the potential liability over the prior years could be staggering, even for them, given any applicable penalties, and punitive damages that might be awarded, not even considering their cost of representation, and the resultant loss of "good will" that could come from any publicity surrounding such a piece of litigation.....

True "Grey" market watches would clearly be a different matter, for it has been well established that such items, if considered to have been improperly "imported" into the US market, would NOT be eligible under any US Warranty, and in the case of Grey Market Nikon equipment, without paperwork showing that the owner actually purchased the item themselves outside the US, and paperwork showing they properly brought it back into the US, Nikon USA will not even work on/repair Grey Market equipment, EVEN IF YOU ARE WILLING TO PAY FOR THE REPAIR.

Back to the issue at hand......regarding a watch that was legitimately purchased by a consumer from an Authorized Rolex Dealer, where that AD properly completed the Warranty Card, where that watch has now changed hands WITHIN the 2 year warranty period, and where that watch now requires Warranty Service, I see no legal basis whatsoever for Rolex USA to deny such warranty service (nor to burden the consumer with the task of presenting a copy of the original sales receipt), as long as the current owner of the watch is in possession of the properly completed and dated warranty card, which is all that the warranty requires! (Should Rolex wish to "reserve the right" to see such a receipt, in order to "validate" their warranty, they should state such a condition IN THEIR WARRANTY, CLEARLY, per US law, and should task each AD with keeping copies of their receipts by "serial number" in the even Rolex USA requests such, and the entire "validation" process should be able to be accomplished within a day, at the most, and should be transparent to the consumer. Failure of the AD to maintain such records could then open up the AD to being legally responsible for any warranty services denied based on a failure of the AD to provide such to Rolex USA, and potential loss of their AD status).

Looking forward to seeing how this finally resolves.......and were it I that were going through this issue, and were I to be denied warranty service, I know I would do my best to initiate a class action or mass tort lawsuit.

And to those who defend Rolex, and feel that somehow they are the "victims" here, I suggest that if Rolex wishes to aggressively defend their products from Grey Market Importation, or from ADs selling at discounts to individuals who then resell the watches to others, that they (Rolex) focus on the "sources" of such activity, and focus their punitive efforts towards those individuals/companies, and stop their illegal and strong-arm tactics against consumers, who have every right to engage in any and all LEGAL activities in their quest to acquire any product that they want, at the least possible price.

Just my thoughts, and as always, ymmv......

Good luck, George!

Wow, I thought you were a lawyer from reading that post. It turns out you're a doctor.

Anyway wouldn't a class action suit be based on a breach of contract cause of action rather than a tort cause of action?

[liuk3]

George, that's wonderful news. Kudos to you for sticking to your guns with an extremely positive resolution. It's really sad to think how many others have acquiesced to their bullying tactics in denying valid warranty requests. Really pumped for you!

[Director EDTF]

Great news George!!!

You Da Man!!

[Grissom]

Originally Posted by xxthe_remedyxx

*UPDATE*

Rolex has honored the warranty and has transferred it to my name. It covers me for the duration of the warranty which is 10-5-2013. Score for the consumer!!!!

Thanks again everyone!

Congratulations!! Nice to hear they stopped this madness with you, at least!

Will be looking forward to hearing what happens to the next consumer....

Now, time for you to get down to enjoying your Rolex, George!!

Originally Posted by david_ord

Wow, I thought you were a lawyer from reading that post. It turns out you're a doctor.

Anyway wouldn't a class action suit be based on a breach of contract cause of action rather than a tort cause of action?

I really have no idea, which is why I mentioned either Class Action, or Mass Tort, for, as you so aptly noted, I am NOT an attorney!!

In any event, neither would seem to now be necessary, for George, as they have seemingly conceded (at least anecdotally, although I would not be surprised if they were to characterize this as a "one time exception" for "good will" purposes) that the warranty does indeed FOLLOW THE WATCH....

Nice to see a happy ending, although I still continue to be amazed at how Rolex USA can think putting consumers through such a horrible process can be in any way, shape or form beneficial, is beyond me, unless they hope to make examples out of these situations, in order to dissuade others from buying other than from an Authorized Dealer.......

[Lagunatic]

In the first place, i would never pay $10,000 for a DEEPSEA

[xxthe_remedyxx]

Originally Posted by Lagunatic

In the first place, i would never pay $10,000 for a DEEPSEA

Good thing I didn't, lol.

[globalmedia33]

Originally Posted by xxthe_remedyxx

*UPDATE*

Rolex has honored the warranty and has transferred it to my name. It covers me for the duration of the warranty which is 10-5-2013. Score for the consumer!!!!

Thanks again everyone!

Great! Nice to hear a great result.

[qwiklap]

Originally Posted by xxthe_remedyxx

I asked for paperwork, she said all of the information was noted in my "file", and that I won't have any issues in the future. I asked for a copy and she is sending them to me.

Please be sure to post when you get it. It would be helpful to have for all us in the same boat as you in the future.

[Z-Sub]

[xxthe_remedyxx]

Originally Posted by qwiklap

Please be sure to post when you get it. It would be helpful to have for all us in the same boat as you in the future.

Will do.

[xxthe_remedyxx]

Originally Posted by xxthe_remedyxx

Will do.

Just a quick follow up all. Took my watch a few weeks back to the RSC to have it regulated as I thought it wasn't up to spec. It was taken with no questions asked, even got chocolates. I got it back not too long ago and it's running like a champ.

[BogeyFree]

Glad to hear the good news.