scott warranty

dwill

on a recent ride a mate of mine did a small jump, but it was barely a bump in the grass and maybe got a foot and a half off the floor. heres the amusing part on landing the rear shock just collapsed! we were doing around 25 mph at the time and the time it took for him to stop the tyre was rammed against the rear triangle burning a hole through the frame :shock: heres the not so funny part the bike a scott spark less than a year old should be still under waranty but evans have told my mate that scott have said that they will not fix it for free but want £500 for the repair :shock: :shock: :shock: as they are trying to say that he had carried on riding the bike after the incident, considering the rear tyre was shredded and he had to get one of his employees to come and pick him up there was also another eight or so witnesses he finding it hard to take. should he take legal advice or just try and argue with scott? anyone had anything similar happen?

Tank-slapper

Arguing won't get you anywhere and the issue is with Evans selling you a dodgy bike, not Scott for making it. Explain everything to Evans in a clear and precise manner. If that doesn't work, consider legal action through Money Claim Online:

https://www.moneyclaim.gov.uk/web/mcol/welcome

If it gets this far, make sure you follow the instructions to the letter.

Good luck!

supersonic

have you any pics of the shock? How exactly did it break ie the mounting points, the shock body?

dwill

the bikes with evans at the minute ss i have told him to get some pics, evrything just seemed to sheer off lol (only laughing cos hes rich) was highly amusing i`ll try and get some pics posted . will be early next week as im doing the ctc this weekend.

dwill

a little update as well hes been told to get the bike back from evans and take it to a proper scott dealer ?? was told evans are sometimes too lazy to take pics and mail them to scott

supersonic

Evans sold you the bike - Evans should be the one that deals with it. Has nothing to do with another Scott dealer, your contract of sale belongs with Evans.

I take it the bolts had been recently checked? Looks like the linkage bolt might have come loose, which has then ripped the shock out of its mounting point.

dwill

i honestly couldnt say it was a friends bike i`ll let you know what happens supposed to be getting it sorted soon, it was a scott rep that told him to get the bike back from evans

njee20

Evans sold you the bike - Evans should be the one that deals with it. Has nothing to do with another Scott dealer, your contract of sale belongs with Evans.

+1

That's impressive damage though, are you really saying that damage happened in the time it took to stop? I do find that a little tough to swallow.

dwill

yes was a matter of seconds before he stopped he is a 16.5 stoner which wouldnt of helped either

Tank-slapper

The bolt through the rear eye of the shock has snapped. It happened to me recently, but with less consequences thankfully.

I concluded that the reason mine snapped was due to fatigue and not a single, large hit. Scott use 12.9 grade steel bolts which have high tensile strength, but low fatigue resistance. I swapped mine for titanium which is more 50/50 and have had no problems since. I also saved a couple of grams weight!

The shock is probably OK to re-use, but the main triangle needs replacing. Not just because of tyre wear to the seat tube, but the pivot through the top tube looks like it has twisted. You will also need to check the rear seat stay pivot and the pivot arms from the top tube to the seat stay pivot (it is difficult to tell from the pics).

You can try contacting Scott, but they will probably just tell you to deal with Evans as they are the people you are legally contracted with under the Sale of Goods Act. If there is no joy, it is Evans you need to take to court not Scott. Unfortunately, they can just say that the bike was jumped with the lockout engaged and it may be difficult to prove otherwise. If Evans are being uncooperative by talking to them, write them a letter as laid out on the MCOL website. They probably don't want to go to court any more than you do and the threat of legal action may change their mind.

Good luck.

The Rookie

12.9 grade? Bloomin silly idea, super high tensile strength but suffer from hydrogen embrittlement (http://en.wikipedia.org/wiki/Hydrogen_embrittlement) and unless its kept from moisture (like not being shipped from the US and used as a mountain bike) is almost bound to fail. More info at http://www.metalac.com.br/?cat=faq&lang=en - most corrosion resistant coatings are zinc based. the only place where 12.9 is commonly used is inside engines where the atmosphere (lots of oil spalshed around and little oxygen or moisture) means they survive OK.

Legally Evans only have to honour your statutory legal rights and any warranty they sell, the manufacturers warranty is the responsibility of Scott, however if a 12.9 bolt was fitted (really stupid from an engineering viewpoint) then while its Scotts fault, it was not fit for purpose at the time of sale (sale of goods act 1974) and therefore Evans are responsible (in my opinion). The sale of goods act covers things out to whatever would be deemed the realistic life of a product, in one case the court upheld that at nearly 6 years old (can't remember the item) the seller was still liable.

Simon

supersonic

It is still the duty of the retailer to sort out this, even if the frame snapped in two.

The Rookie

In this case yes, but in general its only if its under the statutory legal rights, if its the enhancements offered by a manufacturers warranty then its the manufacturers through whichever 'system' they handle claims.

Simon

nicklouse

The Beginner
nothing to do with the USA. Scott is based in Switzerland and the frames/bikes in Taiwan.

and the warranty is with Evans. and Evans will take it up with Scott.

Tank-slapper

At 105 kilos, he is pushing the weight limit for Scott bikes (110 kilos), especially if the 105 kilos doesn't include clothing, a pack and camelbak, etc.

Perhaps he should consider something stronger than a Spark, which is intended as a lightweight racing machine.

Pufftmw

Just as a balance, I recently had pitting/rusting to my Rock Shox forks on the chromey bits (legs?) on my Spark 60. I took it to Evans (Spitalfields), they immediately took pics and got onto the manufacturer, who asked for the forks. Two weeks later I went back to collect my forks to find that they had been upgraded FOC.
No arguments, no blame passing, just good service.

The Rookie

nicklouse wrote:

the warranty is with Evans. and Evans will take it up with Scott.

IF its Evans Warranty, yes, if its Scotts warranty then NO, not saying Evans don't have a morale resposibility, but if for example Evans went bust, the Scott warranty is unaffected, check the relevant EU law.

My Daughters Scott has 'made in the USA' on it (Hence why its nicknamed 'The Boss')....assumed the majority came from there!

Simon

supersonic

It is Evans warranty though, this is how things work in the UK when you buy a bike. You get at least 1 year, probably 2 now under EU rules.

If Scott offer something beyond that, then you could be correct, but you still have to look at the fine print - they still may insist you take it to a dealer.

Being made in the USA is of little consequence if you bought from a UK dealer.

Clearly states in Sale Of Goods:

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

alfablue

The Beginner wrote:

In this case yes, but in general its only if its under the statutory legal rights, if its the enhancements offered by a manufacturers warranty then its the manufacturers through whichever 'system' they handle claims.

Simon

Generally speaking, British consumer law (with the seller not the manufacturer having responsibility) offers superior protection to any manufacturers warranty.

scotto

When I first saw this post I was going to suggest taking away from evans to another dealer.

Reason being is that when I took my frame fail back they gave me 3 different stories within 5 minutes.

First the mechanic said it's f***ed and should be straight swap with £70 to swap it would take 7 days to turn around, then sales assistant said it would be £150 and take 2 months, then to top it off mockney cockney manager mortal bombed over and told me it was £100 to strip it + an extra £150 to rebuild it as it would need a 'stage 2 service', could take 3 months.

So from £70 and one week to £250 and three months, I walked and took it to an independant, within a week new frame was on it's way and it was £60 for a frame swap.

Bottom line is evans are box shifters and nobody in there knows what to do about anything, they truly are completely useless.

alfablue

scotto wrote:

When I first saw this post I was going to suggest taking away from evans to another dealer.

Reason being is that when I took my frame fail back they gave me 3 different stories within 5 minutes.

First the mechanic said it's f***ed and should be straight swap with £70 to swap it would take 7 days to turn around, then sales assistant said it would be £150 and take 2 months, then to top it off mockney cockney manager mortal bombed over and told me it was £100 to strip it + an extra £150 to rebuild it as it would need a 'stage 2 service', could take 3 months.

So from £70 and one week to £250 and three months, I walked and took it to an independant, within a week new frame was on it's way and it was £60 for a frame swap.

Bottom line is evans are box shifters and nobody in there knows what to do about anything, they truly are completely useless.

I would not be paying anyone to have a shop fulfil their legal obligations! You know, because a shop says "jump" we don't actually have to ask "how high" - too many consumers just give in :?

scotto

alfablue wrote:

scotto wrote:

When I first saw this post I was going to suggest taking away from evans to another dealer.

Reason being is that when I took my frame fail back they gave me 3 different stories within 5 minutes.

First the mechanic said it's f***ed and should be straight swap with £70 to swap it would take 7 days to turn around, then sales assistant said it would be £150 and take 2 months, then to top it off mockney cockney manager mortal bombed over and told me it was £100 to strip it + an extra £150 to rebuild it as it would need a 'stage 2 service', could take 3 months.

So from £70 and one week to £250 and three months, I walked and took it to an independant, within a week new frame was on it's way and it was £60 for a frame swap.

Bottom line is evans are box shifters and nobody in there knows what to do about anything, they truly are completely useless.

I would not be paying anyone to have a shop fulfil their legal obligations! You know, because a shop says "jump" we don't actually have to ask "how high" - too many consumers just give in :?

Yes but if you check most bike warranties it will say that labour on warranties is charged for, it is generally the parts that are warrantied.

alfablue

scotto wrote:

alfablue wrote:

scotto wrote:

When I first saw this post I was going to suggest taking away from evans to another dealer.

Reason being is that when I took my frame fail back they gave me 3 different stories within 5 minutes.

First the mechanic said it's f***ed and should be straight swap with £70 to swap it would take 7 days to turn around, then sales assistant said it would be £150 and take 2 months, then to top it off mockney cockney manager mortal bombed over and told me it was £100 to strip it + an extra £150 to rebuild it as it would need a 'stage 2 service', could take 3 months.

So from £70 and one week to £250 and three months, I walked and took it to an independant, within a week new frame was on it's way and it was £60 for a frame swap.

Bottom line is evans are box shifters and nobody in there knows what to do about anything, they truly are completely useless.

I would not be paying anyone to have a shop fulfil their legal obligations! You know, because a shop says "jump" we don't actually have to ask "how high" - too many consumers just give in :?

Yes but if you check most bike warranties it will say that labour on warranties is charged for, it is generally the parts that are warrantied.

This is the whole point - warranties are rubbish, it is not about the warranty. It is about the shop having a legal duty to sell you something that is fit for purpose, works properly, isn't faulty, is as described. If they fail in that duty (e.g. bike breaks because of manufacturing fault), then they have a legal duty to put it right, at no cost! Sure, the shop says its a warranty issue, because they want to avoid their responsibilities, but in these circumstances I am claiming from the shop, not the manufacturer. If the shop want recompense from the manufacturer, then that is their prerogative, but it has no bearing on their duty to me to restore my bike to the correct condition, at no cost and in a reasonable time, or replace it, or refund me.

If you check the wording of most warranties they say "this does not affect your statutory rights" - this is the most important bit - your statutory rights are BETTER than the warranty!

scotto

alfablue wrote:

scotto wrote:

alfablue wrote:

scotto wrote:

When I first saw this post I was going to suggest taking away from evans to another dealer.

Reason being is that when I took my frame fail back they gave me 3 different stories within 5 minutes.

First the mechanic said it's f***ed and should be straight swap with £70 to swap it would take 7 days to turn around, then sales assistant said it would be £150 and take 2 months, then to top it off mockney cockney manager mortal bombed over and told me it was £100 to strip it + an extra £150 to rebuild it as it would need a 'stage 2 service', could take 3 months.

So from £70 and one week to £250 and three months, I walked and took it to an independant, within a week new frame was on it's way and it was £60 for a frame swap.

Bottom line is evans are box shifters and nobody in there knows what to do about anything, they truly are completely useless.

I would not be paying anyone to have a shop fulfil their legal obligations! You know, because a shop says "jump" we don't actually have to ask "how high" - too many consumers just give in :?

Yes but if you check most bike warranties it will say that labour on warranties is charged for, it is generally the parts that are warrantied.

This is the whole point - warranties are rubbish, it is not about the warranty. It is about the shop having a legal duty to sell you something that is fit for purpose, works properly, isn't faulty, is as described. If they fail in that duty (e.g. bike breaks because of manufacturing fault), then they have a legal duty to put it right, at no cost! Sure, the shop says its a warranty issue, because they want to avoid their responsibilities, but in these circumstances I am claiming from the shop, not the manufacturer. If the shop want recompense from the manufacturer, then that is their prerogative, but it has no bearing on their duty to me to restore my bike to the correct condition, at no cost and in a reasonable time, or replace it, or refund me.

If you check the wording of most warranties they say "this does not affect your statutory rights" - this is the most important bit - your statutory rights are BETTER than the warranty!

ahh I see well in that case give them hell !

In my case I had originally got it from a shop which went bang so I didn't mind a labour charge from a shop which I thought would not also not go bang.

Good luck BTW, I hpe it all works out without too much pain, horrible being without your bike, even though I have the gt as a backup, it's not the same.