CRC returns - your RESOLVED

The Big Cheese

Right, some advice needed here chaps;

Purchase a set of Elixir Carbons from CRC on the 12th (14 days ago) and as such they are covered for 30days for exchange or refund.

The rear is fitted, and its fine. NO issues whatsoever. BUT the front:

Had an appaling factory bleed, lever was back to the bars - very spongy
Reach adjust dial (what you pay more for) was seized solid
Pad contact/adjust dial was stiff as you like - I struggled to turn it and Im not 8stone

Anyway, sent a nice but firm cover letter and a returns form stating that as it's new and not ridden (due to above faults) I want a replacement, and that I don't want it sent back to Avid as its new and not a warranty claim.

Phoned them up today, and they are trying to avoid a replacement at all costs it seems. Is aid that if they don't replace it for a non-faulty unit - I want a refund.

They came as a front and rear set OEM, and as such were in a plastic bag for £240. A new one is only £135 so surely they can just send a new brake out?

What do you all think? I want a top product, not a faulty one.

bails87

What have they said? That they won't do anything? Or do they want to repair it?

The Big Cheese

bails87 wrote:

What have they said? That they won't do anything? Or do they want to repair it?

They are angling about sending it back to Avid. They have not recieved it yet, although I sent it 1st class recorded last Friday?

I am not happy, its not as if I fitted, then rode the brakes, its brand new!

bomberesque

erm, not sure about demanding a replacement rather than a repair, I *think* they have the right to repair a faulty part or replace ... their call so long as it solves the problem. However, if the adjuster dial is seized then clearly it is faulty and factory bleeds, while notorious for being bad there's no actual excuse, so they should sort that aswell.

refund though you can demand one anyway as you say and this is a legal right so you're covered there. I have a mate who constantly sends stuff back to CRC (because he's fickle, not because of bad product :roll: and he's never had any static from them so this is you safest bet although you end up without the brakes....

If you still want the brakes, I would let them repair it (as Bails says though; did they offer to?)

/edit; cross-posts.

If they're sending it back to Avid (which has the potential to take ages), how about asking for a refund / credit and then just ordering up new brakes? or did you buy as a pair but only send them back the faulty one?

It is a pain to get faulty kit out of the box but it does happen and CRC can't reasonably be expected to check all functions of all of their stock. Honestly it sounds like they are doing the right thing ... even if they're not going out of their way to solve the problem. I suppose they have no OEM sets left to replace yours from, but that's just a guess.

.blitz

Sale of Goods Act (Faulty Goods)

Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

Hit them with points 1, 2, 3, 4, 5 and 7 and mention the Distance Selling Regs if they still won't give you a replacement. Good luck.

The Big Cheese

bomberesque wrote:

erm, not sure about demanding a replacement rather than a repair, I *think* they have the right to repair a faulty part or replace ... their call so long as it solves the problem. However, if the adjuster dial is seized then clearly it is faulty and factory bleeds, while notorious for being bad there's no actual excuse, so they should sort that aswell.

refund though you can demand one anyway as you say and this is a legal right so you're covered there. I have a mate who constantly sends stuff back to CRC (because he's fickle, not because of bad product :roll: and he's never had any static from them so this is you safest bet although you end up without the brakes....

If you still want the brakes, I would let them repair it (as Bails says though; did they offer to?)

To be honest, I dont want someting that has never been used to be pulled apart and repaired. If I had been using it, no worries. But as it's a brand new product that came out of the box faulty, I think a replacement is in order.

I don't want to wait for it to be sent off, pulled apart and fixed (as the paintjobs on the brakes aren't the best, and I would be tres pissed off if the brake came back in a worse state than when it was sent (I have taken photos of the cosemetic condition when sent). As I am fickle like that and I want it perfect condition.

If the worse came to the worse I shall send the other back and buy another set from merlin, and CRC will not be getting anymore business off of me, I have used them for 4 years and spent thousands with them (which I indicated in the cover letter :oops: )

bomberesque

... then ask for a refund on the whole set (which you have a right to under distance selling regs) then buy the brakes from someone else would be my advice.

The Big Cheese

bomberesque wrote:

... then ask for a refund on the whole set (which you have a right to under distance selling regs) then buy the brakes from someone else would be my advice.

May be the way forward then (depending on what they say) - pain in the ar5e though eh?

bomberesque

yeah, getting new stuff tat doesn't work is always disappointing .... I know a little about it; I own an Alfa!

I have my fingers crossed actually as I have a pair of Elixir CR Carbons on the way to me (but not from CRC) .... I hope I have better luck than you have had

The Big Cheese

bomberesque wrote:

yeah, getting new stuff tat doesn't work is always disappointing .... I know a little about it; I own an Alfa!

I have my fingers crossed actually as I have a pair of Elixir CR Carbons on the way to me (but not from CRC) .... I hope I have better luck than you have had

Its probably a one off - Ill give them the distance selling spiel (thanks .blitz) and see if that prompts them to give me a replacement, I think if I tell them Ill send the whole lot back for refund, it's easier for them to just replace front brake.

Monkeypump

If you can't wait, get a refund and buy somewhere else.

supersonic

They don't have a leg to stand on - distance regs entitles you to a refund anyway.

Not to mention is faulty as delivered. You have a right to reject the goods.

The Big Cheese

supersonic wrote:

They don't have a leg to stand on - distance regs entitles you to a refund anyway.

Not to mention is faulty as delivered. You have a right to reject the goods.

Thats what I though SS. I thought I would do the right thing and request just an exchange for the front brake and not the rear (as thats fine) but am thinking I should have posted the whole set back and said no ta!

Well, as soon as I get a defo answer I shall let you all know. But one thing is for certain, I am not sending it back to Avid. I want a new brake replacement or refund (even if I have to send the rear one back as well)

Then I shall just purchase from Merlin (which I should have in the first place)

The Big Cheese

from the distance selling webby:

However if the goods were deemed faulty, having been kept in good condition by the consumer, then the supplier must offer a replacement, repair or even compensation.

supersonic

You have a right to a refund having received faulty goods.

JamesBrckmn

I've had good experience with returning things to crc. I bought these http://www.chainreactioncycles.com/Mode ... elID=30887 because they were cheap, but got a full refund when i sent them back with a returns form, saying only 'unwanted purchse'. They were unwanted because i had found a much better deal elsewhere - FSA gravity lite 680mm on On-One for £20 - much stronger, much lighter - 140 grams lighter! and wider too.
Ask for a refund and buy them elsewhere, unless you boought them as a pair, in which case you'll probably have to wait for avid to fix them

The Big Cheese

JamesBrckmn wrote:

Ask for a refund and buy them elsewhere, unless you boought them as a pair, in which case you'll probably have to wait for avid to fix them

This is the only potential problem I can think of.

I bought them as a packeged OEM set i.e., a plastic bag and no box (and they didnt state they were OEM) and the back brake was fine so that's still here, I just sent the faulty front back for a replacement.

If it comes to it I shall just send the back one back too if they get funny about it.

I don't see why (through no fault of my own) I should have a brand new product sent back to Avid, when it's CRCs responsibility as the seller.

If they were 6 months old and I had been using them, and they developed a fault then no problem.

supersonic

Yes, is nothing to do with Avid. Even after 6 months.

If Avid offer a replacement scheme it is in addition to your rights, not instead of them.

biff55

i sympathise with ya cheesy , always a dissapoinment to get duff goods for your hard
earned cash after looking forward to the delivery.
no advice to offer only my tale of todays ( very quick granted ) crc delivery.
which was a saint caliper in a placcy sandwich bag , WTF ? no mention of it being an
OEM part so was expecting swanky packaging for shimanos top of the line brake.
nevermind it looks fine , no thanks to royal mail....
opened front door to find delivery card on floor reading...
" package thrown over back gate"
:shock: he wasn't joking telling me it wouldn't go through letter box at 1.5 inch thick?

dear oh dear

dwill

ive just returned an awful set of avid elixir r both brakes were a sack of s**t luckily evans let me exchange them np for a set of formula`s which are both working well out of the box. could it be avid are there getting the brakes built up on the cheap in china??

M6TTF

Got my elixir r set from the states when they first came out and they've been flawless, best brakes I've used by a country mile! Sounds like you were unlucky

The Big Cheese

I think I was unlucky TBH, they recieved the brake yesterday afternoon (according to RM webby) so I am going to phone them in an hour to say that I want a refund, and if not I shall send the other one back for a full refund.

Be interesting to see what happens

The Big Cheese

Well, been on the phone, nicve enough chap.

he said they would normally issues a straight refund, however as I sent just the front brake back (part of a set) they would replace front brake. I am more than happy with that.

They have not processed the return yet, but he is optimistic the brake will be with me the weekend, have to phone back at 4:00pm today to check/hurry it up...

Fingers crossed, and I didn't have to hit him with the distance selling stuff either

bails87

Sounds like whoever you spoke to before was being an idiot. The offer of a replacement is the response I'd have expected from CRC.

bigboned

makes a diference when 2 amicable people have a discussion rather than someone being a wingnut - sellers generally know what they are obliged to do
in my humble opinion if you have to beat them with the rule book then someone has already lost, sadly however it usually tends to be the consumer that gets shirty then expects people to be nice ( not suggesting it is in the case)

2p worth thats all - well done on getting your replacement

The Big Cheese

PS: How are the shifters

bigboned

i dont want to use them to be honest......

they are just sooooo sexy!!!!!! mmmm xtr

The Big Cheese

Just got this:

Hi ,


I am emailing to let you know that we have received your Avid Exilir front brake. We have exchanged this, the replacement should be dispatched within 24 hours.


If you have any further queries, please do not hesitate to contact us.

Kind Regards,

Nice one! Am happy now

bigboned

reult!

alfablue

bigboned wrote:

reult!

txt spk?

bigboned

nope dumb ass didnt look what i typed speak - result!