Would you accept a repair?

flyer · May 2007

I bought a pair of Easton Tempest 2 wheels 2 weeks ago for œ429, when I rode away from the shop I noticed a vibration through the handlebars when I braked. I went back in and they said leave it for a week and it should settle down, as it will be the seam on the rim.

Two weeks later (200 miles) and no change so I went back to the shop and they rang Easton who said "send it back and we will repair it".

I asked the retailer to change the wheel for a new one and they said they can't do this as Easton will not supply them with a replacement and they would have a second hand wheel on their hands that they would need to discount.

My view is that the wheel was faulty from new (manufaturer defect) as such it should be changed for a new one. If the wheel had been 2 months old and developed the fault then yes I would have accepted a repair.

What do you think?

Cunobelin · May 2007

I would not even go that far - simply ask for a refund.

These wheels are obviously "not fit for purpose" and as such are unnacceptable.

Did you pay by credit card. If so involve them as well.

He that buys land buys many stones.
He that buys flesh buys many bones.
He that buys eggs buys many shells,
But he that buys good beer buys nothing else.
(Unattributed Trad.)

monty_dogcp · May 2007

What is the precise nature of the fault? If it's anything to do with poor quality or defective manufacture, then you should be entitled to a replacement under warranty IMO.

RufusA · May 2007

Legally under "The Sale and Supply of Goods to Consumers
Regulations 2002" you can require the retailer to replace the goods unless:

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account-
(a) the value which the goods would have if they conformed to the contract of sale,
(b) the significance of the lack of conformity, and
(c) whether the other remedy could be effected without significant inconvenience to the buyer.

See http://www.opsi.gov.uk/si/si2002/uksi_20023045_en.pdf

Even if the wheel was 2 months old when it developed the fault, this would still be the case!

You could conceivably argue that the retailers relationship with the supplier is not relevant to this case, and makes no difference to their legal responsibilities. So if you wanted to you could demand and get help from the likes of Consumer Direct to help fight your case.

What you actually *should* do I guess depends on your relationship with the shop. If it's a good LBS and the only one in your area, and you want to keep a good relationship going then you may want to be less heavy handed than with a large profitable national.

Sometimes a little quid pro quo works wonders and keeps everyone sweet. i.e. accepting a repair in return for a reasonable discount off something else, or some free servicing.

YMMV - Rufus.

JWSurrey · May 2007

Similar thing happened to me when I picked up my new bike - I rode the 40 miles home and discovered a bent spoke on the rear wheel.
I asked if they could fix the spoke - they changed it out for a brand new wheel at no suggestion from me! All done same day too.... Well, actually in about 4 hours.

JWSurrey · May 2007

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by JWSurrey

Similar thing happened to me when I picked up my new bike - I rode the 40 miles home and discovered a bent spoke on the rear wheel.
I asked if they could fix the spoke - they changed it out for a brand new wheel at no suggestion from me! All done same day too.... Well, actually in about 4 hours.
I guess it will depend on the volume of stock your dealer is selling, and their supplier relationship. This was a Campag. wheel and a Campag. pro-shop.
I agree that the sale of goods act is the ultimate legal standpoint.
<hr height="1" noshade id="quote"></blockquote id="quote">

flyer · May 2007

Thanks for the info, I will go for a replacement. This may cause some problems with relationships if I need to go legal. However I am not after a refund, just a replacement.

Thanks for your comments

Ian

on the road · May 2007

By law they are required to either replace the wheels or give a refund. Everything you buy new has a 12 month guarantee, if they refuse to replace them or give a refund then report them to Trading Standards.

flyer · June 2007

At last they have agreed to exchange the wheel for a new one.

That said they have made me feel as though I am the most awkward customer in the world.

They say in the bike trade its not common place to change anything as they always repair!!!

I wonder if this is just Easton of if the likes of Mavic are the same?

Mister Paul · June 2007

Your contract is always with the seller, not the manufacturer.

It's so frustrating when the seller tries to pass the buck because they don't want to have to approach the supplier themselves.

__________________________________________________________
Road Safety Expert

Symchicken · June 2007

" Your contract is always with the seller, not the manufacturer.

It's so frustrating when the seller tries to pass the buck because they don't want to have to approach the supplier themselves."

Retailers will bend over backwards to avoid their obligations sometimes. They rely on the fact that most people won't follow through when pushed.

I'm glad someone pointed out the statute, as it really is there to protect you. It sets out in law that commercial sellers are in a superior bargaining position to everyday buyers, and so their obligations are more than yours. Where you just paid œ400 for some wheels and they simply dont do what you paid for, they shouldn't be able to wrangle out of that.

Boosh! Boosh! Stronger than a Moose!

giant_man · June 2007

Quite disgusting service IMO. You should name and shame the LBS of course! As MisterPaul says, it is down to the shop and not the manufacturer. Your 'purchase contract' is between you and them.

SIZE IS EVERYTHING! or at least that's what my LBS tells me.

Would you accept a repair?

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