Labour charge for warranty replacement!

vladtheexhaler
vladtheexhaler Posts: 49
edited February 2010 in MTB general
I discovered a crack in the swing arm of my Scott spark 35 whilst washing it after a ride at the weekend. :(

Not best pleased but as I've only had the bike 4 months then it should be covered by warranty. Anyway I drove the bike from Edinburgh to Glasgow and took it back to Evans. They were perfectly fine to deal with and are sending the swing arm to Scott which will hopefully be deemed faulty. However I was a little surprised to be told that they will be charging for the labour involved in removing and replacing the swing arm as I had assumed this would be included in the warranty!

I only took the whole bike through in order to show that there were no signs of any crash damage!

Anyway, fingers crossed Scott are good enough to honour the warranty.
«1

Comments

  • thebikechain
    thebikechain Posts: 136
    Hiya

    Generally warranties are parts only.

    This is normal. Depending on your relationship with the shop there may or may not be a charge.

    The shop will not be paid by the manufacturer for the 'lost' workshop time.

    Sorry - this doesn't help you much.

    Mark
  • turnercraig
    turnercraig Posts: 537
    I think it's rediculous, if you bought the bike from them they should have not charged you for removing it.

    I understand it would have taken up some of their workshop time, but surely good customer service and possible repeat business should have influenced their decision there.
  • knotty_boro
    knotty_boro Posts: 8
    Especially as you'd only had it for 4 months!!
  • bannedbiker
    bannedbiker Posts: 382
    I can understand the shop not wanting to loose out on workshop time, but customer service comes first surely?!
    My bro's had quite a lot of problems with his Scott Ransom, most of which has ened up with our LBS stripping the bike and sending componants back to Scott (the shock, many, many times!) yet he's never been charged once. If anything, he'll normally be able to blag discount on other things he buys to make up for the issues he's had!
    Giant Reign - now sold :-(
    Rockhopper Pro - XC and commuting
    DH8 - New toy :-)
  • bomberesque
    bomberesque Posts: 1,701
    I don't think you should be charged for labour.

    after only 4 months I would argue with them. It's hardly a warranty issue really, it's being sold a faulty product in the first place, which is statutory rights, not warranty. Distance selling regs state that if the fault occurs within 6 months it is assumed that the part was faulty when sold, but I'm not clear if this applies to normal retail although I don't see why not.

    Your contract is with the shop, I would ask to speak to the manager and explain your situation calmly. Don't get into a screaming match about legal rights, just make your point. If that doesn't get you anywhere, I'd pay the labour charge then send the receipt to their regional office again stating your case, tell the whole story, make it concise, true and clear. In the end you can't be talking about tons of money for the labour and that way you have your bike to ride while you argue the toss over the costs

    but I think if you reason with the store manager that this has happened too quickly to not have been faulty to start with than he/she will probably see sense
    Everything in moderation ... except beer
    Beer in moderation ... is a waste of beer

    If riding an XC race bike is like touching the trail,
    then riding a rigid singlespeed is like licking it
    ... or being punched by it, depending on the day
  • ride_whenever
    ride_whenever Posts: 13,279
    Depends on your relationship with the shop, and their relationship with the distributor/manufacturer.

    If you've got a good relationship then you'll rarely get charged for labour, hell last year my housemate got about 6hours free labour for the cost of a round that week.
    Neeermad
    Carbon 456
    456 lefty
    Pompino
    White Inbred
  • vladtheexhaler
    vladtheexhaler Posts: 49
    They guestimated that it would cost about £40.00.

    It's just a bit of a blow on top of being told that I may be without the bike for 2 months :(
  • bails87
    bails87 Posts: 12,998
    The thing to remember is that your contract is with Evans, not Scott.

    Evans have to supply you with working goods, that's why you gave them the money in the first place. They aren't providing an extra service to you by sending the part back to Scott, they're just doing what they are required to.

    Essentially, they aren't taking the bike apart and shipping it to Scott so that Scott can give you a new swingarm. What's actually happening is you are returning the bike to them, and they're charging you to fix something that they are responsible for. How they repair/replace that part isn't anything to do with you, they should just do it, as long as it's a genuine claim.

    If you bought, for example, a shifter which was faulty, and you took it back to the store, you wouldn't be expected to pay a restocking fee in order to get a replacement.

    If Scott say it's not a warranty job then fair enough, but if it is then I don't think you should be paying.
    MTB/CX

    "As I said last time, it won't happen again."
  • flybywire
    flybywire Posts: 575
    Back in 2003 I had a 2001 Trek 4500 that developed a crack on the driveside chain stay..

    Evans then agreed to replace the frame (part only) under warranty. This wasn't a problem as I produced the complete bike with the fault.Then I dismantled/removed bb & I returned 2hours later the frame which they processed under warranty.

    Evans in Woking (where purchased from) through Trek UK couldn't get a 4500 frame after 3weeks so they upgraded me to a 6700 frame which was good of trek uk and Evans. :)

    I built up that frame and happily xc'ed/raced until 2008.
  • vladtheexhaler
    vladtheexhaler Posts: 49
    bails87 wrote:
    The thing to remember is that your contract is with Evans, not Scott.

    Evans have to supply you with working goods, that's why you gave them the money in the first place. They aren't providing an extra service to you by sending the part back to Scott, they're just doing what they are required to.

    Essentially, they aren't taking the bike apart and shipping it to Scott so that Scott can give you a new swingarm. What's actually happening is you are returning the bike to them, and they're charging you to fix something that they are responsible for. How they repair/replace that part isn't anything to do with you, they should just do it, as long as it's a genuine claim.
    If you bought, for example, a shifter which was faulty, and you took it back to the store, you wouldn't be expected to pay a restocking fee in order to get a replacement.

    If Scott say it's not a warranty job then fair enough, but if it is then I don't think you should be paying.

    That seems like a valid point to me.
  • bannedbiker
    bannedbiker Posts: 382
    bomberesque wrote:
    speak to the manager and explain your situation calmly. Don't get into a screaming match about legal rights, just make your point.

    I think thats one of the biggest points going here, if you get people backs up they simply dont want to help you. If you start quoting law at people or just start shouting and getting angry you'll find you get a lot less help from anyone!
    I took quite a long time to realise that...!
    Giant Reign - now sold :-(
    Rockhopper Pro - XC and commuting
    DH8 - New toy :-)
  • captainfly
    captainfly Posts: 1,001
    You returned a product to the retailer because of a fault in a resonable time (4 months is reasonable) so they should refund, replace or repair it under the sale of goods act 1978. As you bought the whole bike from them then the repair cost should be their's. Call trading standards I am sure they would have a word with the store to clarify this issue.
    -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_
    Mongoose Teocali
    Giant STP0

    Why are MTB economics; spend twice as much as you intended, but only half as much as you wish you could afford? :roll:
  • vladtheexhaler
    vladtheexhaler Posts: 49
    captainfly wrote:
    You returned a product to the retailer because of a fault in a resonable time (4 months is reasonable) so they should refund, replace or repair it under the sale of goods act 1978. As you bought the whole bike from them then the repair cost should be their's. Call trading standards I am sure they would have a word with the store to clarify this issue.

    l've only really had 2 months use out of it because of the snow, and even then it's only been ridden at weekends.
  • supersonic
    supersonic Posts: 82,708
    The cost of a repair or replacement should not be the burden of the consumer if the goods are deemed faulty and are covered by warranty.

    Evans should not charge you.
    GT ZASKAR CARBON TEAM

    VOODOO CANZO

    Come and see me at https://www.facebook.com/biketyke/
  • nicklouse
    nicklouse Posts: 50,675
    vladtheexhaler wrote:
    l've only really had 2 months use out of it because of the snow, and even then it's only been ridden at weekends.

    irrelevant it is from the time of purchase.


    but still 4 months. :shock:
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • butcher of bakersfield
    butcher of bakersfield Posts: 1,233
    There's a lot of places out there that would just take it on the chin, grab another off the shelf and just give it to you, whilst worrying about what they'll get back from the distributor later.

    Charging you for labour is ridiculous, and bad customer service, especially from a big chain like Evans. I'd try my hardest to claim that money back.
  • vladtheexhaler
    vladtheexhaler Posts: 49
    nicklouse wrote:
    vladtheexhaler wrote:
    l've only really had 2 months use out of it because of the snow, and even then it's only been ridden at weekends.

    irrelevant it is from the time of purchase.


    but still 4 months. :shock:


    Yeah I know, just makes it even more annoying.

    By the time I get the bike back I might have owned it for 6 months and had 2 months riding out of it. I'll need to figure out how to squeeze some extra hours riding into the reminder of the year to compensate.
  • hyperman
    hyperman Posts: 232
    what a load of rubbish, they can't charge you for labour, if they choose to dismantle the bike and only send back the faulty part then evans themselves must claim any labour costs incurred from the manufacturer, if it's deemed not faulty then you may be charged a labour cost, at the end of the day you bought a full bike off them, so you've returned a faulty full bike....
  • alfablue
    alfablue Posts: 8,497
    Really, the warranty is a red herring - you have better statutory rights than those offered by the warranty. It suits the shop to go through the warranty procedure, but your right of redress is from the shop - they must refund or replace (your choice). Write them a recorded delivery letter giving them 7 days to refund you or you go to the small claims court - it works! (Your position has been weakened somewhat by the fact that you have already seemed to accept the remedy they offered, but nevertheless they are not upholding their duties to you under the law and you can and should demand proper treatment, in the circumstances this should include some compensation and a loan bike at the least).

    We get the customer service we deserve.
  • supersonic
    supersonic Posts: 82,708
    They don't have to refund - they have a right to offer a repair or replacement after having had the bike for that length of time. But at no cost lol.
    GT ZASKAR CARBON TEAM

    VOODOO CANZO

    Come and see me at https://www.facebook.com/biketyke/
  • vladtheexhaler
    vladtheexhaler Posts: 49
    alfablue wrote:
    Really, the warranty is a red herring - you have better statutory rights than those offered by the warranty. It suits the shop to go through the warranty procedure, but your right of redress is from the shop - they must refund or replace (your choice). Write them a recorded delivery letter giving them 7 days to refund you or you go to the small claims court - it works! (Your position has been weakened somewhat by the fact that you have already seemed to accept the remedy they offered, but nevertheless they are not upholding their duties to you under the law and you can and should demand proper treatment, in the circumstances this should include some compensation and a loan bike at the least).

    We get the customer service we deserve.

    I haven't actually accepted anything as yet. I was told that the mechanic would look at the bike on Monday prior to returning it to Scott and that I should expect a call on Monday, but that this was not a quick process and could take up to 2 months (they did say Scott were generally faster than other manufacturers).
  • vladtheexhaler
    vladtheexhaler Posts: 49
    supersonic wrote:
    They don't have to refund - they have a right to offer a repair or replacement after having had the bike for that length of time. But at no cost lol.

    I assume that this is dependent upon Evans agreeing that the bike was faulty?
  • hyperman
    hyperman Posts: 232
    it's not down to evans to say wether or not it's faulty, only the manufacturer can do that.
  • vladtheexhaler
    vladtheexhaler Posts: 49
    hyperman wrote:
    it's not down to evans to say wether or not it's faulty, only the manufacturer can do that.

    Indeed, which is the reason I would expect them to give me for being unable to repair/replace it within the previously mentioned 7 days if I told them to do so. This is where I get somewhat confused, my contract is with the shop but the warranty is dependent upon Scott accepting that there is a fault. Is it reasonable to expect that Evans get Scott to assess the fault within 7 days?
  • biff55
    biff55 Posts: 1,404
    the seller / repairer must re-coup labour costs from the manufacturer of the faulty part , not from the customer.
    otherwise the warranty wont be worth a w*nk to be quite honest.
  • supersonic
    supersonic Posts: 82,708
    Yes, Evans will have Scott assess the frame, and they will agree with there decision. You can contest this (ie if they said you abused it) and was not covered. If deemed a manufacturing fault, and as you have had the bike longer than the general reasonable period of 4 weeks, the shop can offer a replacement or repair. They don't have to offer a refund at this stage. You do not pay any labour costs - this is the duty of the shop to sort out.

    I would say a total of 2 weeks is reasonable for them to have this sorted. If Evans think a repair or replacement is to costly, then a refund is the way forward. You can claim compensation if the repair or replacement takes too long.
    GT ZASKAR CARBON TEAM

    VOODOO CANZO

    Come and see me at https://www.facebook.com/biketyke/
  • vladtheexhaler
    vladtheexhaler Posts: 49
    supersonic wrote:
    Yes, Evans will have Scott assess the frame, and they will agree with there decision. You can contest this (ie if they said you abused it) and was not covered. If deemed a manufacturing fault, and as you have had the bike longer than the general reasonable period of 4 weeks, the shop can offer a replacement or repair. They don't have to offer a refund at this stage. You do not pay any labour costs - this is the duty of the shop to sort out.

    I would say a total of 2 weeks is reasonable for them to have this sorted. If Evans think a repair or replacement is to costly, then a refund is the way forward. You can claim compensation if the repair or replacement takes too long.


    That's very helpful, cheers :)
  • alfablue
    alfablue Posts: 8,497
    The onus is upon the seller to prove the frame was not faulty - for the first 6 months it is assumed that it was, after that the onus of proof shifts to the consumer. The shop do have the right to inspect the item to determine this, but it isn't reasonable to deprive you of the goods for a long period to do this, so a loan bike is reasonable.
  • vladtheexhaler
    vladtheexhaler Posts: 49
    alfablue wrote:
    The onus is upon the seller to prove the frame was not faulty - for the first 6 months it is assumed that it was, after that the onus of proof shifts to the consumer. The shop do have the right to inspect the item to determine this, but it isn't reasonable to deprive you of the goods for a long period to do this, so a loan bike is reasonable.

    Excellent. I'm prepared to give them 2 weeks to sort it but any longer and I'll be looking for a loan bike then.
  • Mccraque
    Mccraque Posts: 819
    Am a little suprised at this to be honest. Under the SOGA '78 this should all be covered. And your contract is with Evans (as people have already said).

    I've always found with Evans it very much depends on who serves you as well. Some of the part time/weekend staff seem to yield a lot less clout that the more senior people and you don't get offered the service that you should.

    My local branches (we have two) have both been really good in this respect. My bike had faults that became evident after a couple of months in (albeit not as serious as a cracked swingarm), and required new hub, cassette, headset. Not one quibble from them...everything replaced under warranty and extremely apologetic for the inconvenience.

    Surely the reason for using a national retailer....

Categories