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Offline Rwill  
#1 Posted : 23 August 2018 12:25:48(UTC)
Rwill

United Kingdom   
Joined: 04/05/2015(UTC)
Posts: 777
Location: England, London
Several issues cross my mind about Marklin warranty repairs:

1) Buying M goods new from what I thought was the UK importer Gaugemaster especially items that are new but older stock and in the bargain bin. In fact, buying Marklin, LGB or Trix new from anywhere in the UK.

2) Buying items from eBay listed as brand new but from a non Marklin dealer. I have used a particular guy in Belgium and have got some very good bargains and have never had to think about returning anything, however recently I was considering a buy of an item that is quite innovative and finely detailed which my fudgy fingers could easily mess up.

3) In connection with a thread that is running on here at present buying and operating M equipment in connection with a business. My own experience in the UK of being self employed on a very small scale changes a lot of things. I bought a power wash by Karcher from Halfords and very nicely claimed the VAT back through my business. When it failed, and I wrote to them on my business letterheading they told me their warranty applied to individuals not businesses so tough.

So, looking on the M website we have a page gratefully for a change in English as follows:

https://www.maerklin.de/...-manufacturers-warranty/

So, my Gaugemaster purchases would NOT be covered by M warranty as they are not listed as a dealer. There are no registered dealer for Marklin LGB and Trix in the UK. As an Englishman in England I may have redress against Gaugemaster using the Sale of Goods Act or whatever the latest is, but my experience of dealing with them means this would be a tiresome task probably resulting in impasse. My Belgium guy would shrug his shoulders and unless the fault occurred very quickly would not be dealt with by eBay rules. The business issue is not clear but doubtless someone will produce the full Warranty conditions in German with “exclusions”. Strangely I have my own view that says should we expect a layout built for revenue and operated without supervision by others be covered – I feel not.

My own experience is thankfully limited and wonderful. I clumsily “broke” a nearly new lok and told my dealer MSL what I had done. They sent me a postage label, it went back to them and then to M and came back to me in reasonable time perfectly repaired and with no charge – customer service extraordinary and now my very first choice of M dealer.
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Offline David Dewar  
#2 Posted : 23 August 2018 13:25:00(UTC)
David Dewar

Scotland   
Joined: 01/02/2004(UTC)
Posts: 7,341
Location: Scotland
Gaugemaster in the UK are liable for any faulty items bought from them Sale of goods act is available on line. In the UK the seller is liable and not the manufacturer. No idea about Germany but I do not Lippe are very good and they get my business. I never deal in Ebay.
Take care I like Marklin and will defend the worlds greatest model rail manufacturer.
Offline Drongo  
#3 Posted : 24 August 2018 01:57:02(UTC)
Drongo

Australia   
Joined: 03/06/2008(UTC)
Posts: 1,224
Location: Sydney, NSW
I think I'm the most experienced member on this forum for using Marklin warranty - I've returned approximately 50% of my purchases that I've made in the last 3 years. In Marklin's defence I can say that they have honoured all my warranty claims except for one - they claimed that the loco was over oiled and dirty. I'm using these locos to install layouts in nursing homes, so I guess they are purchased for business purposes. Marklin know that I'm doing this and they still maintain the warranty (except for one). In saying this and having the experience, I can sense that the service department is overloaded with warranty repairs, as a result (IMHO) that their quality has declined. Marklin's solution to this problem is to build a new and BIGGER service department, however, I believe the money could be better spent on buying better quality components.
All in all I believe that if you buy from a registered dealer, Marklin will honour the warranty. Again this is my opinion.
Take it easy . . . . or any other way you can get it !!!!
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Offline river6109  
#4 Posted : 24 August 2018 06:40:58(UTC)
river6109

Australia   
Joined: 22/01/2009(UTC)
Posts: 14,715
Location: On 1965 Märklin Boulevard just around from Roco Square
I can't understand companies producing faulty product, realizing they are faulty and getting them fixed under a warranty. I don't think the quality design level is there anymore, instead of making products simpler they get more complicated., more in my post under workbench.
If this would be my company and I have to extend the service department because of increased returns I would categorize the returns and see where the problem lies.

John
https://www.youtube.com/river6109
https://www.youtube.com/6109river
5 years in Destruction mode
50 years in Repairing mode
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Offline Drongo  
#5 Posted : 24 August 2018 09:16:48(UTC)
Drongo

Australia   
Joined: 03/06/2008(UTC)
Posts: 1,224
Location: Sydney, NSW
Originally Posted by: river6109 Go to Quoted Post
I can't understand companies producing faulty product, realizing they are faulty and getting them fixed under a warranty. I don't think the quality design level is there anymore, instead of making products simpler they get more complicated., more in my post under workbench.
If this would be my company and I have to extend the service department because of increased returns I would categorize the returns and see where the problem lies.

John


John, that would be the most intelligent thing to do, but does the spreadsheet tell them to do this - It's the bottom line that they're looking at. As I say, "Keep looking at the bottom line and you won't see ahead".
Take it easy . . . . or any other way you can get it !!!!
Offline kimballthurlow  
#6 Posted : 24 August 2018 09:29:19(UTC)
kimballthurlow

Australia   
Joined: 18/03/2007(UTC)
Posts: 6,668
Location: Brisbane, Australia
Hi Greg,
Is there a commonality between the dealer from whom you purchase the locomotives, and the fact that you might have a disproportionately high number of failures?

My own limited experience is that less than 10% of my purchases go back to Maerklin.

regards
Kimball
HO Scale - Märklin (ep II-III and VI, C Track, digital) - 2 rail HO (Queensland Australia, UK, USA) - 3 rail OO (English Hornby Dublo) - old clockwork O gauge - Live Steam 90mm (3.1/2 inch) gauge.
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Offline Mark_1602  
#7 Posted : 26 August 2018 15:06:41(UTC)
Mark_1602

Luxembourg   
Joined: 24/09/2014(UTC)
Posts: 704
Location: Luxembourg
Originally Posted by: kimballthurlow Go to Quoted Post
Hi Greg,
Is there a commonality between the dealer from whom you purchase the locomotives, and the fact that you might have a disproportionately high number of failures?

My own limited experience is that less than 10% of my purchases go back to Maerklin.

regards
Kimball


Hi Kimball,

This is definitely a valid point. Since I started buying Märklin items from a German Märklin dealer who does most of his sales online (though he also has a brick-and-mortar shop), I've had quite a number of warranty cases. In fact, prices at this shop are so low (though he's a bona fide Märklin dealer) that he can't possibly check items for defects before he ships them to customers.

Up to 2010, I used to be a customer at the largest brick-and-mortar Märklin dealer in Luxembourg who sold Märklin at the officially recommended prices but probably checked items upon reception and returned many defect ones to Märklin before customers could have bought them. I suppose that people who want discounts have to check the items they buy and return the warranty cases to Märklin. I won't go back to the brick-and-mortar shop because I made some bad experiences with that dealer, and I've also had warranty cases with other official M. dealers who sell at higher prices ...

Best regards,

Mark
Best regards, Mark

I like Märklin items produced in the 1960s or early '70s, but also digital locos & current rolling stock.
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Offline mike c  
#8 Posted : 26 August 2018 18:47:07(UTC)
mike c

Canada   
Joined: 28/11/2007(UTC)
Posts: 7,892
Location: Montreal, QC
I don't think that I have experienced a greater number of problems with products bought in a store versus products bought by mail order or internet.
The main difference is that products bought in a shop can be examined before purchase, which normally eliminates any defects in finish or other visible flaw from eventual returns/claims.
With models ordered on the internet from online shops, the photos usually represent a stock photo, so you have no photos of the actual model that you are receiving and have to depend on the dealer to have inspected the model and not shipped you a model with visible defects.
As far as invisible defects, ie those which cannot be seen on visual inspection. If there is a wiring, decoder or motor issue, many times, that will only be evident with a test run. Some shops claim to test models before shipping, but many times, the first run will occur after you get the model home. One concern that I have had with items that have been opened (either by the shop or by a potential customer at the shop) is that the model may not be correctly repackaged, which can cause damage during shipping. I have had a few models where the dealer has swapped AC wheel sets, but in the process, the repack led to damage during shipping.
As far as ebay, some dealers will provide the original receipt with purchase, meaning that you have the documentation needed to obtain warranty service, but that warranty likely went into effect with the original sale. Used items and NOS without authorized invoice likely will not have any warranty other than that provided by the dealer/seller.
As far as "defects" only, I have had over time start sets where the locomotives crashed through the styrofoam cradle. I have had models where the finish was damaged by the packaging.
In cases where this is due to a defect in the packaging, I think that the manufacturer should honour the warranty.
In cases where the damage is caused by a lack or proper packaging by the dealer (ie insufficient popcorn, etc), the claim should be with the dealer and not with the manufacturer.

The dealer is a middleman. The dealer's job is to represent the company to the customer, but the dealer should also represent the customer to the company.
Too many times, the dealer acts like they are there only to sell the goods, and washes their hands as soon as the goods have left their store.
I have had dealers reference all issues to the manufacturer. This may vary from place to place.

I am buying a Maerklin product, not a Lippe product, not a Lokshop product, nor a Schweickhardt product. As such, there is a business deal between the company and myself of which, the dealer serves as middleman. Maerklin can try to act like they are selling the goods to the dealer who then assumes all responsibility for warranties, but the fact is that the manufacturer still has an obligation to the customer and the use of social media is the best way to ensure that they honour this warranty, whether official or not.

Regards

Mike C
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Offline David Dewar  
#9 Posted : 03 September 2018 12:07:04(UTC)
David Dewar

Scotland   
Joined: 01/02/2004(UTC)
Posts: 7,341
Location: Scotland
Originally Posted by: mike c Go to Quoted Post
I don't think that I have experienced a greater number of problems with products bought in a store versus products bought by mail order or internet.
The main difference is that products bought in a shop can be examined before purchase, which normally eliminates any defects in finish or other visible flaw from eventual returns/claims.
With models ordered on the internet from online shops, the photos usually represent a stock photo, so you have no photos of the actual model that you are receiving and have to depend on the dealer to have inspected the model and not shipped you a model with visible defects.
As far as invisible defects, ie those which cannot be seen on visual inspection. If there is a wiring, decoder or motor issue, many times, that will only be evident with a test run. Some shops claim to test models before shipping, but many times, the first run will occur after you get the model home. One concern that I have had with items that have been opened (either by the shop or by a potential customer at the shop) is that the model may not be correctly repackaged, which can cause damage during shipping. I have had a few models where the dealer has swapped AC wheel sets, but in the process, the repack led to damage during shipping.
As far as ebay, some dealers will provide the original receipt with purchase, meaning that you have the documentation needed to obtain warranty service, but that warranty likely went into effect with the original sale. Used items and NOS without authorized invoice likely will not have any warranty other than that provided by the dealer/seller.
As far as "defects" only, I have had over time start sets where the locomotives crashed through the styrofoam cradle. I have had models where the finish was damaged by the packaging.
In cases where this is due to a defect in the packaging, I think that the manufacturer should honour the warranty.
In cases where the damage is caused by a lack or proper packaging by the dealer (ie insufficient popcorn, etc), the claim should be with the dealer and not with the manufacturer.

The dealer is a middleman. The dealer's job is to represent the company to the customer, but the dealer should also represent the customer to the company.
Too many times, the dealer acts like they are there only to sell the goods, and washes their hands as soon as the goods have left their store.
I have had dealers reference all issues to the manufacturer. This may vary from place to place.

I am buying a Maerklin product, not a Lippe product, not a Lokshop product, nor a Schweickhardt product. As such, there is a business deal between the company and myself of which, the dealer serves as middleman. Maerklin can try to act like they are selling the goods to the dealer who then assumes all responsibility for warranties, but the fact is that the manufacturer still has an obligation to the customer and the use of social media is the best way to ensure that they honour this warranty, whether official or not.

Regards

Mike C


Hi Mike. In the UK the sale of goods act states that it is the dealer that is responsible. I cant quote the exact time limits but certainly a faulty loco etc within a month or possibly more means an immediate refund or new replacement. The dealer can then return the item to the manufacturer for a replacement. A customer in the UK has a contract with the dealer (seller of any item) and not the manufacturer.
Take care I like Marklin and will defend the worlds greatest model rail manufacturer.
Offline dickinsonj  
#10 Posted : 04 September 2018 00:47:53(UTC)
dickinsonj

United States   
Joined: 05/12/2008(UTC)
Posts: 1,683
Location: Crozet, Virginia
Originally Posted by: David Dewar Go to Quoted Post

Hi Mike. In the UK the sale of goods act states that it is the dealer that is responsible. I cant quote the exact time limits but certainly a faulty loco etc within a month or possibly more means an immediate refund or new replacement. The dealer can then return the item to the manufacturer for a replacement. A customer in the UK has a contract with the dealer (seller of any item) and not the manufacturer.

That was definitely the case for me here in the US with an ESU loco. Sending it to the dealer (MSL - A great train shop IMO) was too costly for a return because of huge increases in shipping charges from the US to Europe. ESU said that my warranty was only through the dealer and that they had no obligation to do anything for me, which is exactly what they did - nothing.

I have never had any NA dealer refuse to send Mäklin items to Göppingen for repair, and even though it usually takes a long time, the works has generally been done correctly. Of course you are without you loco and the to/from dealer shipping costs can add up to a good fraction of the purchase price. See once again the dreaded VT 95.9. BigGrin

Live and learn. Cool
Regards,
Jim

I have almost all Märklin and mostly HO, although I do have a small number of Z gauge trains!
So many trains and so little time.
Offline steventrain  
#11 Posted : 04 September 2018 12:52:04(UTC)
steventrain

United Kingdom   
Joined: 21/10/2004(UTC)
Posts: 31,606
Location: United Kingdom
Message from Marklin.

Gaugemaster from Arundel is a dealer in Märklin.
In case of warranty, please send the model to our customer service or the dealer with a copy of the invoice and the description of the fault.

Sincerly yours

Märklin Customer Service

Alexandros Karamichailidis

Gebr. Märklin & Cie. GmbH
P.O.Box 960
D 73009 Göppingen
phone +49 7161 608-222
Large Marklinist 3- Rails Layout with CS2/MS2/Boosters/C-track/favorites Electric class E03/BR103, E18/E118, E94, Crocodiles/Steam BR01, BR03, BR05, BR23, BR44, BR50, Big Boy.
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Offline mike c  
#12 Posted : 05 September 2018 02:24:24(UTC)
mike c

Canada   
Joined: 28/11/2007(UTC)
Posts: 7,892
Location: Montreal, QC
There is a dealer in the southern USA who acted like once the model had left the shop, it was no longer his problem. Every time there was an issue, it was deal with Marklin.
I have to thank the staff at Marklin USA, notably Ken Brzenk, who stepped in to deal with the issues that this dealer would not handle.

If you order something from a dealer (anywhere) and it arrives defective, I would expect that dealer to exchange the item on the spot.
The problem is that if the distributor (Marklin USA) orders 25 from Germany and your dealer receives 3 of those, all being special orders (advance orders) and your model is defective or damaged, the dealer can try to return it to the distributor for an exchange, but the likelihood is that the other 22 that stocked have already been allocated or shipped out to other dealers. If you are lucky, they might still have one or two on hand, but if not, the only option was either a refund or to wait up to 4 months for the model to be returned to Germany and then repaired or replaced and shipped back to America in the next quarterly order. It was only several years later that Maerklin started providing more regular shipments from the factory.

For orders in Canada, it was Gordon Book & Co and they were even worse, because to begin with, their orders were perhaps 1% of the volume of the US distributor, meaning that in many cases, items ordered were special order and there may have only been 3 or 4 others for the whole country, especially if you were not ordering DB or NS models. At Kangourou, we had perhaps a dozen models in the display case, occasionally we ordered new items to have a stock model, but most of the business was special order for customers.

I can't tell you how many personal models I ordered from Switzerland or Germany because we could not get one from Toronto. Either they had not ordered it or on occasion, it seemed that the one that had been allocated to us ended up going to another dealer. G. Book seemed to have an unusual system for keeping track of who ordered what. Almost like it was ordered for you, but if somebody else wanted it along the way, they got it first.

The plan B was always to check with Walthers, who was then the actual distributor in the USA, to see whether they had the model in stock. A few years later when they set up the Marklin USA joint venture, it became a little easier and by then G. Book was no longer the Canadian distributor and Canadian dealers had to go through Marklin USA as well. A few years after that, dealers in North America were allowed to order direct from the factory and this meant that dealers could now return warranty issue models direct to Germany. The problem was that it would cost us $30 to send each model individually to Germany, so some dealers preferred to wait a while and send either monthly or bimonthly shipments to save money.

As a DJ, when I buy records or CDs, I liked to inspect them before paying. In many cases, I would play them at the shop to ensure that the record was not warped or that the CD would not skip.
Over the same time period as the Maerklin issues I describe, more and more records were no longer available from Canadian sources and we had to rely on imported copies from USA or Europe. I also had the pleasure of working in a vinyl shop. We would order somewhere between 2 and 10 copies of a given record. 2 if it was unknown and 10 if we believed it would be a hit. Often, if a record was well received, we would place a follow up order and hope that we could get another 5-15. Many times, we would scramble and try to locate copies from other distributors because our main supplier was out.
Just like the situation with trains, we developed a network of suppliers in UK and Europe, so we usually made the initial order from NY distributors and the records were shipped to our NY State address. I would pick them up, bring them through customs, we would then listen to them, price them and put them on the shelf and that night, a follow up order would be placed and we would hopefully receive more copies a few days later. I also discovered that if a US record was a hit, it was often licensed for other countries, so if we could not get the US copy, we would start looking for Italian, German, Dutch or UK copies to be released.

Back to trains. If a dealer does not want to be the agent of the company, you are kind of left high and dry. Distributors who don't adequately care about their customers are one reason why people shop online. Why would I buy from a shop where I have a reasonable fear of sh*t service (either from the shop or from the local distributor) if I can buy the same item from Amazon or from Germany and get better service?

A model train today can cost up to CAD$750 (500 EUR) for an average model. To me, the dealer is the agent of the company. He represents the company to me and he should represent me to the company. Too many times, the second part of that relationship is forgotten or even both parts are forgotten, because the moment that item has left the store, his focus is on getting new models to sell, because that is how he makes money. There is no money in it for the dealer in representing a brand that in many cases represents less than 2% of his revenue (compared to plastic models, North American trains, games, etc that would be found in a general hobby shop). It is a sad reality.

Those who are in Europe and have local model train shops should consider themselves extremely fortunate. They have dealers who maintain stock of locally popular models, who invest in their inventory and who are going to be better "brand ambassadors" than what happens in North America.

I would be so thrilled to be able to walk into a shop that had the selection of a Schweickhardt, Kramm, Lokshop, Roundhouse, etc... That is not my reality.

Here is my recommendation:

Step 1: Contact dealer

If not satisfied,
Step 2: Contact distributor

If not satisfied,
Step 3: Contact Goeppingen

If at any time you are not satisfied, return the item and order it from somewhere else in the network.

Not all dealers stamp the little warranty card. Matter of fact, some recent models have come only with the manual and no warranty card.
Some dealers only proof of purchase is a sales slip that lists the amount and the department. For example, toy trains are category 05, so the sales slip would shop

Category 5, $500 plus tax and the date, without specifying the make and model of the item.
If you are lucky, the dealer gives you an order confirmation or invoice that lists the make, model and details of your purchase/order.

I wonder how the law would interpret a sales slip like that in a warranty claim?

Good luck to each of you and hope that all your models are in original condition.

Regards

Mike C
Offline H0  
#13 Posted : 05 September 2018 07:59:22(UTC)
H0


Joined: 16/02/2004(UTC)
Posts: 15,265
Location: DE-NW
Hi!

IANAL but when buying from a German dealer, you can make warranty claims based on German laws ("Gewährleistungsanspruch" in German). And AFAIK the dealer has to pay for the postage (both ways) if items are sent back for repairs under warranty.

The warranty offered by Märklin to non-direct customers ("Garantie" in German) is completely voluntarily and without any legal requirements - except they have to keep their promises. Märklin require a proof of purchase for their warranty, not necessarily a filled-in warranty card. Since the warranty is voluntarily, I assume they have liberties to accept or refuse "proofs" of purchase.

Märklin do not have a distributor in the USA AFAIK. Distributors may not take responsibility for items imported by the customer or by a dealer bypassing the distributor.
Regards
Tom
---
"In all of the gauges, we particularly emphasize a high level of quality, the best possible fidelity to the prototype, and absolute precision. You will see that in all of our products." (from Märklin New Items Brochure 2015, page 1) ROFLBTCUTS
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Offline Rwill  
#14 Posted : 05 September 2018 08:32:01(UTC)
Rwill

United Kingdom   
Joined: 04/05/2015(UTC)
Posts: 777
Location: England, London
Originally Posted by: steventrain Go to Quoted Post
Message from Marklin.

Gaugemaster from Arundel is a dealer in Märklin.
In case of warranty, please send the model to our customer service or the dealer with a copy of the invoice and the description of the fault.

Sincerly yours

Märklin Customer Service

Alexandros Karamichailidis

Gebr. Märklin & Cie. GmbH
P.O.Box 960
D 73009 Göppingen
phone +49 7161 608-222



So if M are so emphatic that Gaugemaster is a dealer why dont they list them on the map/directory on their website?. I suspect that many people are put off starting or returning to M by the fact that it appears there is no Marklin presence in the UK

Offline David Dewar  
#15 Posted : 05 September 2018 11:13:53(UTC)
David Dewar

Scotland   
Joined: 01/02/2004(UTC)
Posts: 7,341
Location: Scotland
Originally Posted by: steventrain Go to Quoted Post
Message from Marklin.

Gaugemaster from Arundel is a dealer in Märklin.
In case of warranty, please send the model to our customer service or the dealer with a copy of the invoice and the description of the fault.

Sincerly yours

Märklin Customer Service

Alexandros Karamichailidis

Gebr. Märklin & Cie. GmbH
P.O.Box 960
D 73009 Göppingen
phone +49 7161 608-222


Hi Steven

The following is from our Sale of Goods Act in the UK

'If you want to make a claim under the Consumer Rights Act, you have several possible ways of resolving your issue, depending on the circumstances and on how you want the retailer to remedy the situation.
Your rights under the Consumer Rights Act are against the retailer – the company that sold you the product – not the manufacturer, so you must take any claim to the retailer.
What you can claim depends on how much time has passed since you physically took ownership of the goods. ' end quote


Therefore if you buy from Gaugemaster they are liable not Marklin. If they dont agree quote the Act or sue them. You will win and they know that. If however you loco is a year old this will probably be different but for anything a few months old then you are entitled to a full refund or replacement.


Take care I like Marklin and will defend the worlds greatest model rail manufacturer.
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