still under warranty, some advise please

on2wheels
on2wheels Posts: 102
edited July 2008 in Road beginners
Had a lucky escape tonight, chain started slipping for about a mile, then bang, the rear deraillier snapped, wrapped in the back wheel and locked up for about 25 feet. Managed to get my feet out of the clips, so at least I didn't fall off.

Had a quick look and about 6 spokes bent quite bad, rear deraillier is a real mess and the frame has some nasty gouges on the back stays

I bought the bike, a Specialized Allez last September on a Bike to Work Scheme, so its still under warranty, any idea what can I expect in the way of repair or replacement, I'm scared stiff its going to cost me big bucks which I can't afford!

Anyone else had a similar problem, how did you get on, would really appreciate your experiences or legal knowledge

regards

Comments

  • alfablue
    alfablue Posts: 8,497
    Well if the rear mech failed because of a fault then the seller is surely liable to sort things out for you (your contract is with the shop/supplier, so don't let the shop refer you on to the manufacturer).

    The bike to work thing adds an interesting issue - normally when one rents an item (like a rental car or TV etc) one expects all service to be carried out free of charge by the supplier. You are technically renting the bike (until such time as you make a payment to buy it at the end of the rental period), so one would expect the same situation to apply, and if the item is faulty then one could suggest that the supplier is in breach of that contract. Of course it isn't that clear cut, and I am pretty sure the paperwork you signed would make you responsible for the bike, not your employer. So go back to the shop and talk nicely to them (but firmly) and see what they can do.

    I guess it will be difficult to prove that the mech was faulty rather than just damaged whilst riding (I have had a stick catch in the rear mech once, causing it to fold up and embed in the spokes), however under current law, if an item is under 6 months old the onus is on the supplier to prove it wasn't faulty rather than you to prove it was. After 6 months this situation is reversed.
  • keef66
    keef66 Posts: 13,123
    If it didn't break in the first 9 months they will probably argue that it was not a manufacturing defect. More likely that it went out of adjustment and into the back wheel, or something got stuck in it with the same consequences.

    Of course you should go back to the supplier and complain. I wish you luck, but I'm not too optimistic.
  • nicklouse
    nicklouse Posts: 50,675
    chain slipping is often a sign that the mech hanger has been bent or the gears are no longer indexed correctly.
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown