Incandenza
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Lawyer here
There are three questions that must be distinguished.
The first issue is whether, under the terms of the warranty, the warranty is transferable to a subsequent purchaser. The answer to this question can be found by reading the warranty card (including the small print). You will find that many warranties purport to be non-transferable, although some warranties do not mention the point at all. If the warranty is silent on the point, then it is transferable to a subsequent purchaser.
The second issue arises only if the answer to the first question is “no” (i.e. if the warranty purports to be limited to the original purchaser). The issue then is whether, under the consumer protection laws of the relevant jurisdiction, a warranty can lawfully be limited to the original purchaser. The “relevant jurisdiction” is the place where the watch was purchased. In some jurisdictions (but not all), it is indeed unlawful to limit a warranty to the original purchaser. This is a specialist issue and local advice should be sought if the watch has a high value.
The third issue is whether, in practice, a brand will honour the warranty in the hands of a subsequent purchaser. This is not a legal question but a practical one. In my experience, most brands do not inquire as to whether the person making a claim under the warranty is the original owner, even if the warranty purports to be limited to the original owner. However, there are some horror stories from some brands. Depending on the answer to issues 1 and 2 above, you may be able to take legal action to compel a brand to honour a warranty in the hands of a subsequent purchaser. Usually, a simple lawyer’s letter will do the trick.
Hope that helps.
Warranty Question
