Frame Warranty Replacement - Reasonable time for replacement

tjdixon911

I discovered a crack in my frame at the begining of April, returned the bike to the shop and have been without the bike since.... I am getting a little annoyed now!

What would people say is a reasonable time for a frame replacement? bearing in mind I was told a couple of weeks after the bike had gone back that the warranty had been approved....

Have I got any rights in requesting a refund as this (to me) is beyond a joke!

Any help/advice is much appreciated.

Tom

The Northern Monkey

What bike is it? I'd have been kicking off about a month ago!

tjdixon911

The Northern Monkey wrote:

What bike is it? I'd have been kicking off about a month ago!

Trust me, I have been chasing this constantly, the frame is a Cove Hustler, not a cheap frame, I would have expected alot better!

I've been talking to the bike shop up until now but have now decided to try and make contact to the distributor directly.....

*AL*

I'd go into the lbs tomorrow and demand a resolution to this situation immediately.
Go on to explain that if they don't, you'll sit outside their shop doorway and tell everyone who approaches the store exactly how they've taken your money for a item that failed within warranty, and then left you without a bike for almost 5 months whilst they've done suqat to resolve the situation other than to feed you excuse after excuse.

I did this at Phones4U once, I didn't get halfway through explaining my story to the 1st couple that walked up before the manager gave me a full refund.

RevellRider

*AL* wrote:

I'd go into the lbs tomorrow and demand a resolution to this situation immediately.
Go on to explain that if they don't, you'll sit outside their shop doorway and tell everyone who approaches the store exactly how they've taken your money for a item that failed within warranty and then left you without a bike for almost 4 months whilst they've done suqat to resolve the situation other than to feed you excuse after excuse.

I did this at Phones4U once, I didn't get halfway through explaining my story to the 1st couple that walked up before the manager gave me a full refund.

Good luck if you try this approach, you'll be sat there until Monday morning when the distributor opens again. And speaking from experience, the distributor isn't the fastest in the world when it comes to sorting things out[/b]

*AL*

RevellRider wrote:

Good luck if you try this approach, you'll be sat there until Monday morning when the distributor opens again. And speaking from experience, the distributor isn't the fastest in the world when it comes to sorting things out[/b]

He's dealing with the store atm, not the distributor.
The store should deal with the distributor on his behalf (who would appear to be pretty p!ss poor if they don't even open on a Friday).
Under the circumstances the very least the lbs can do is give him a demo bike to use in his bike absence, and then keep a constant line of communication open until it is resolved.

RevellRider wrote:

4 months

Beginning of April
May
June
July
Sunday is August 1st

In the eyes of a disgruntled customer, that's almost 5 months.

gbrnole

A number of bike companies ensure warranty issues take precedence over sales. 5 months without a bike though that is crazy. If the frame was defective it gets replaced, i wouldnt have let it go on for more than 3 weeks.

Can you not cutout the distributor and complain direct to Cove?

mea00csf

*AL* wrote:

RevellRider wrote:

Good luck if you try this approach, you'll be sat there until Monday morning when the distributor opens again. And speaking from experience, the distributor isn't the fastest in the world when it comes to sorting things out[/b]

He's dealing with the store atm, not the distributor.
The store should deal with the distributor on his behalf (who would appear to be pretty p!ss poor if they don't even open on a Friday).
Under the circumstances the very least the lbs can do is give him a demo bike to use in his bike absence, and then keep a constant line of communication open until it is resolved.

RevellRider wrote:

4 months

Beginning of April - month 1
May - month 2
June - month 3
July - month 4
Sunday is August 1st - August hasn't happened yet.....

In the eyes of a disgruntled customer, that's almost 5 months.

no 4 months, you can't count august, it hasn't happened yet!

*AL*

mea00csf wrote:

no 4 months, you can't count august, it hasn't happened yet!

Again, for the hard of understanding;

*AL* wrote:

almost 5 months.

Main Entry: almost
Pronunciation: \ˈȯl-ˌmōst, ȯl-ˈ\
Function: adverb
Etymology: Middle English, from Old English ealmǣst, from eall + mǣst most
Date: before 12th century
very nearly but not exactly or entirely

tjdixon911

Thanks for all the advice!

I have been told today that the Frame was dispatched from Canada Yesterday so I should have the bike back within 2 weeks!

Still don't understand why it has taken so long!

I was originally told I could have a different colour immidietly or wait 2 weeks for the same colour as before, I decided to wait, kind of wish I hadn't!

At least I managed to get a cheap Stiffee frame to pass the time!

sheepshifter

What was up with the cove thinking of getting one myself after having issues with my pace

Northwind

Bike warranty replacement is definately a bit of a pisstake, it's the industry standard now unfortunately, and after years of it being accepted there's not much chance of it getting better in a hurry

tjdixon911

sheepshifter wrote:

What was up with the cove thinking of getting one myself after having issues with my pace

Cracked the frame, where the Cross Bar meets the Seat post upright, just a hairline crack, was told this was a weak point with alot of FS frames as they don't have the rear support of a hardtail....

Great bikes though, I am really enjoying the Stiffee that I currently ride, alomost tempted to sell the Hustler frame when its returned! but not sure that'll happen!

mea00csf

Ah but it's 5 months at the end of august so you're not "almost"
what you're saying is like saying i'm going away for 2 months when you leave jan 1st and return on 1st Feb :roll:

sorry i just can't let it lie... :oops: :roll:

*AL* wrote:

mea00csf wrote:

no 4 months, you can't count august, it hasn't happened yet!

Again, for the hard of understanding;

*AL* wrote:

almost 5 months.

Main Entry: almost
Pronunciation: \ˈȯl-ˌmōst, ȯl-ˈ\
Function: adverb
Etymology: Middle English, from Old English ealmǣst, from eall + mǣst most
Date: before 12th century
very nearly but not exactly or entirely

*AL*

mea00csf wrote:

Ah but it's 5 months at the end of august so you're not "almost"
what you're saying is like saying i'm going away for 2 months when you leave jan 1st and return on 1st Feb :roll:

sorry i just can't let it lie... :oops: :roll:

If you were 5'11" you'd could claim to be almost 6' tall.

Take what I said in the same context and you'll understand where I'm coming from.

scotto

one month is an acceptable time for turnaround on replacement or repair according to consumer direct (rang them when my tomtom died under warranty, I did drop it though :-))

tjdixon911

Hi all, your not going to believe this but my bike is still not back!

The new front half of the frame is being delivered to the store this week, but there's a catch, the frame is Gloss black (new model colour) not Matt Black as the previous frame and the remaining rear end which is to be attached to the new front.... is this really acceptable, I'm thinking not..... If I accept it I feel as if I'd be doing so for the sake of it rather than getting what I am rightly/reasonably expecting..... I have been offered the chance to see the combo this weekend and make up my mind but its a 100mile round trip to do so......

Help!

Simonhi

Reject it under the Sale of Goods Act 1979, stating that the frame is not fit for purpose.

Demand a full refund, if no joy take it up with the Office of Fair Trading.

Before either of these two speak to Citizens Advice Bureau, it is exactly for reasons like this that they were set up. Explain your circumstances and let them advise you.

I won't blather on about you having given them (LBS) far too long to resolve this but three weeks would have been my cut off before raising merry hell.

You are not an idiot so don't people treat you like one or fob you off with excuses. Your contract is with the LBS not the distributor or manufacturer so take them to task.

Good luck, the law is on your side.

supersonic

The law is indeed on your side, but if you have accepted the goods (and owning the goods for a certain amount of time usually constitutes acception) then the retailer has a right to offer a repair or replacement. I am not sure you can reject it at this point unless you took it back to the shop within 2 weeks of delivery.

I think the problem here is a different one - the time scale. The law also says that this remedy should be done in a 'reasonable' amount of time, and at no cost to the consumer, and if cannot be offered then a full or partial refund should be offered. This would be my next move if you are not prepared to wait any longer, as the time period is unreasonable.

The other step is to accept the frame and ask for compensation.

tjdixon911

supersonic wrote:

The law is indeed on your side, but if you have accepted the goods (and owning the goods for a certain amount of time usually constitutes acception) then the retailer has a right to offer a repair or replacement. I am not sure you can reject it at this point unless you took it back to the shop within 2 weeks of delivery.

I think the problem here is a different one - the time scale. The law also says that this remedy should be done in a 'reasonable' amount of time, and at no cost to the consumer, and if cannot be offered then a full or partial refund should be offered. This would be my next move if you are not prepared to wait any longer, as the time period is unreasonable.

The other step is to accept the frame and ask for compensation.

Thanks, I had the original frame for 13 months prior to the crack appearing, the new one has not been accepted by me and the bike shop is offering it for Acceptance but as said above it will be 100mile round trip to do so, I do not have to accept it but then I am seemingly back a step 1 waiting on the correct frame to be delivered, I could have had an alternative colour very early on in the process but I rejected it as I wanted Matt Black, I feel this will be settling for second best.....I assume your comment regarding the 2 weeks is based on the original purchase in March 09?

Thanks for the advice, will be on the phone to Citizens advice first thing.....

tjdixon911

tjdixon911 wrote:

supersonic wrote:

The law is indeed on your side, but if you have accepted the goods (and owning the goods for a certain amount of time usually constitutes acception) then the retailer has a right to offer a repair or replacement. I am not sure you can reject it at this point unless you took it back to the shop within 2 weeks of delivery.

I think the problem here is a different one - the time scale. The law also says that this remedy should be done in a 'reasonable' amount of time, and at no cost to the consumer, and if cannot be offered then a full or partial refund should be offered. This would be my next move if you are not prepared to wait any longer, as the time period is unreasonable.

The other step is to accept the frame and ask for compensation.

Thanks, I had the original frame for 13 months prior to the crack appearing, the new one has not been accepted by me and the bike shop is offering it for Acceptance but as said above it will be 100mile round trip to do so, I do not have to accept it but then I am seemingly back a step 1 waiting on the correct frame to be delivered, I could have had an alternative colour very early on in the process but I rejected it as I wanted Matt Black, I feel this will be settling for second best.....I assume your comment regarding the 2 weeks is based on the original purchase in March 09?

Thanks for the advice, will be on the phone to Citizens advice first thing.....

Just adding to that, don't you think they could have told me 5 months ago that Matt Black was not in the current range.....

Northwind

supersonic wrote:

The law is indeed on your side, but if you have accepted the goods (and owning the goods for a certain amount of time usually constitutes acception) then the retailer has a right to offer a repair or replacement.

That's true, but this isn't a direct replacement so I'm not sure that applies. If they can't offer a direct replacement then they can offer an alternative but it becomes much more over to the owner to accept that or not (if you like the gloss black, see if you can angle for a new rear triangle too)

supersonic

I meant for the original - you can't claim not fit for purpose at this point.

However the replacement you can rejec if inferiot, though I am unsure about colours. This is a tricky area

andyrm

tjdixon911 wrote:

sheepshifter wrote:

What was up with the cove thinking of getting one myself after having issues with my pace

Cracked the frame, where the Cross Bar meets the Seat post upright, just a hairline crack, was told this was a weak point with alot of FS frames as they don't have the rear support of a hardtail....

Great bikes though, I am really enjoying the Stiffee that I currently ride, alomost tempted to sell the Hustler frame when its returned! but not sure that'll happen!

Interesting - one of the guys I ride with has just done exactly the same.

tjdixon911

andyrm wrote:

tjdixon911 wrote:

sheepshifter wrote:

What was up with the cove thinking of getting one myself after having issues with my pace

Cracked the frame, where the Cross Bar meets the Seat post upright, just a hairline crack, was told this was a weak point with alot of FS frames as they don't have the rear support of a hardtail....

Great bikes though, I am really enjoying the Stiffee that I currently ride, alomost tempted to sell the Hustler frame when its returned! but not sure that'll happen!

Interesting - one of the guys I ride with has just done exactly the same.

Is that on a Hustler also?

mea00csf

just a thought, you bought the whole frame, not just the front. Could it be argued that you are therefore entitled to a whole new frame??? I personally wouldn't care if the colours were matt or gloss, but one half of each, no chance!

Besides if there is a problem with the replacement front (or the old rear triangle), you might be in problems, as I doubt it has been designed specifically to work with last years rear triangle (probably not an issue, but might be worth using as leverage??)

tjdixon911

mea00csf wrote:

just a thought, you bought the whole frame, not just the front. Could it be argued that you are therefore entitled to a whole new frame??? I personally wouldn't care if the colours were matt or gloss, but one half of each, no chance!

I agree, I was expecting Matt as that is what I asked for and was never told otherwise, if they have changed the colours for 2010/11 to gloss then I would be happy to accept that as a replacement but would expect the rear to match!

They have said they will now (as a last resort) send the frame away to be re-sprayed so that the front and rear match but this will take another 5-6weeks!

andyrm

tjdixon911 wrote:

andyrm wrote:

tjdixon911 wrote:

sheepshifter wrote:

What was up with the cove thinking of getting one myself after having issues with my pace

Cracked the frame, where the Cross Bar meets the Seat post upright, just a hairline crack, was told this was a weak point with alot of FS frames as they don't have the rear support of a hardtail....

Great bikes though, I am really enjoying the Stiffee that I currently ride, alomost tempted to sell the Hustler frame when its returned! but not sure that'll happen!

Interesting - one of the guys I ride with has just done exactly the same.

Is that on a Hustler also?

Yup - exactly the same spot too, suggesting a manufacturing fault as he broke another one in the same place. A couple of guys we ride with who are aerospace engineering have put forward the suggestion of too much heat in the weld area as a possible cause..... :?:

Northwind

mea00csf wrote:

just a thought, you bought the whole frame, not just the front. Could it be argued that you are therefore entitled to a whole new frame??? I personally wouldn't care if the colours were matt or gloss, but one half of each, no chance!

If you had a bit of your car bodywork rust prematurely, you wouldn't expect a whole new car. But then you'd also not expect a replacement body panel that was a different colour

ryan93

I must admit, 5 months is a hell of a long time to ship a frame over from Canada.

How did the phone call with the citizens adive bureau?

tjdixon911

andyrm wrote:

tjdixon911 wrote:

andyrm wrote:

tjdixon911 wrote:

sheepshifter wrote:

What was up with the cove thinking of getting one myself after having issues with my pace

Cracked the frame, where the Cross Bar meets the Seat post upright, just a hairline crack, was told this was a weak point with alot of FS frames as they don't have the rear support of a hardtail....

Great bikes though, I am really enjoying the Stiffee that I currently ride, alomost tempted to sell the Hustler frame when its returned! but not sure that'll happen!

Interesting - one of the guys I ride with has just done exactly the same.

Is that on a Hustler also?

Yup - exactly the same spot too, suggesting a manufacturing fault as he broke another one in the same place. A couple of guys we ride with who are aerospace engineering have put forward the suggestion of too much heat in the weld area as a possible cause..... :?:

Is theirs under warranty? Hope it gets sorted quicker than mine has!