Need some advice on a warranty claim (cracking photos)

mudsucker

Trade it in for a Snapierre

Try and get it warranty repaired and then sell the frame. if you have broken 4 now i'd try something else, they can't be that good!

weeksy59

mudsucker wrote:

they can't be that good!

It's not a question of them being 'that good' but the fact you've laid out in excess of £1000 for a Super 4, so you begrudge paying £600 for a new frame to then find you need a new seatpost, headset and spare mech hanger etc etc.

For me, i wanted (or was kinda forced by circumstance) to get back out ASAP and sticking with the Commencal was the easiest solution for this.

I swapped from the Super4's that broke to the MEta that so far hasn't...

supersonic

weeksy59 wrote:

jeremyrundle wrote:

1. Guarantees are NOT 12 months, thewre is no such thing as something being guaranteed for a year. Read the consumer rights act and you will see that an item has to be "fit for purpose" for a reasonable period of time, in other words a £1.99 pair of slippers could reasonably be expected to last three months, a ££1000 television three to five years, a£ 50 bike frame a year a £1000 bike frame three years.

also

2. If your computer packs up at eight months and is replaced, then the NEW computer starts a complet6e and NEW period of "reasonable" time, in theory if you had a faulty item such as a computer replaced every eight months, or even eighteen months then you could have a replacement forever.

Contact consumer direct, ignore the 12 months guarantees and extended guarantees they are not worth the paper they are written on and yet people still believe them :!:

All lovely 'in theory' but how much of this has been seen in the real world ?

Indeed, with a bike the "for a reasonable period of time" bit is a lot less than you think IME. Though I did not word my original post well and made a mistake. The 3 or 5 years that some frames come with are in addition to your statutory rights. Guarantees are far from useless, but as was said do not replace you statutory rights.

Also worth noting that price is not always an indicator of how long something should last. A 2lbs £1000 XC race frame may not be expected to last as long as say a £300, 6lbs steel trail frame. Interesting though that many of the former now have lifetime guarantees ;-)

stubs

Balls Madison have passed me on to Commencal head office got a feeling this is not going to end well.

Anyone know of any airline that does cheap flights to Andorra I might need to go and let them know personally what I think of there crackly frames.

stubs

double balls Commencal told me to go back to the shop and that I need my original purchase invoice for any warranty claim :x

Andy B

stubs wrote:

double balls Commencal told me to go back to the shop and that I need my original purchase invoice for any warranty claim :x

Which is the normal warranty procedure.

Best get digging that receipt out & talking to the shop you got it from

Be nice to the guys in the shop, it's not their fault that your bike is FUBAR'd, the nicer you are the better the chance they'll sort it out as best they can for you.

stubs

Andy B wrote:

stubs wrote:

double balls Commencal told me to go back to the shop and that I need my original purchase invoice for any warranty claim :x

Which is the normal warranty procedure.

Best get digging that receipt out & talking to the shop you got it from

Be nice to the guys in the shop, it's not their fault that your bike is FUBAR'd, the nicer you are the better the chance they'll sort it out as best they can for you.

Except that Merlin will have nothing to do with Commencal any more. Think I might be flucked.

Anonymous

Call Commencal and tell them the situation.

stubs

I did they told me to go back to the shop who tell me to go to Madison who tell me to go to Commencal who tell me to go to.............................................................round and round the mulberry bush

Anonymous

stubs wrote:

I did they told me to go back to the shop who tell me to go to Madison who tell me to go to Commencal who tell me to go to.............................................................round and round the mulberry bush

Right. I know this is a pain, but frankly, you NEED to get something sorted.
So, call Commencal again, and TELL them, that you've been in touch with the shop, and explain that iw was Merlin, and that they no longer sell Commencal. Next, explain to them that they passed you on to Madison, who passed them back to you.

cooldad

I'm sure Merlin can give you proof of purchase. They will have computer records.

But, without rehashing the thread, you say it was out of warranty?

Buy a Marin - bet ATB wouldn't be dicking you around if the dealer was. Also doubt you'd break one anyway, and it looks like you need a tough bike.

(Sadly mine is down to frame only, managed to break or wear out everything else over time, but not the frame)

Anonymous

cooldad, your frame has outlasted EVERYTHING on the bike?
Pah, I don't believe a word of it because my old... oh wait, no, you might be on to something

cooldad

TBH everything stamped Marin (stem, seatpost, bars) is still ok and lying around or being used on something else. Everything else broke at some point and got upgraded.
But frame sitting sadly alone in the corner.
New full sus on the wish list but unfortunately my part time bike fund job is obsolete. Little old ladies don't get their pensions in cash any more so no point mugging them. Bloody computers.

weeksy59

i can give you a receipt for a Super4 bought from Evans and STILL IN warranty

stubs

weeksy59 wrote:

i can give you a receipt for a Super4 bought from Evans and STILL IN warranty

No thanks I am not keen on prison grub.

Next stop is the credit card company I think. All I am after is a bit of discount on a new swinging arm not a new bike why is it so hard to deal with anyone in this country why is the default customer service setting "NO EFF OFF" I am mister polite on the phone and never get snotty perhaps thats my problem time to start throwing a wobbler and being a stroppy cnut.

weeksy59

Did you speak to Steve at Real cycles about a triangle ?

lhoward1976

The Sale of Goods Act is your friend.

If you're having no luck going the warranty route through Commencal, ignore them (and Madison, for that matter). If you bought the bike from Merlin, talk to Merlin - your contract is with them... doesn't matter a jot that they no longer deal with the manufacturer/distributor.

If Merlin ask for a proof of purchase and you don't have the receipt, put the onus on them to find it after giving them your details. You don't need a receipt - just reasonable "proof" you got it from them - since the law doesn't dictate a retailer give you a receipt, it doesn't dictate you have to provide one in order to have your statutory rights fulfilled either.

Doesn't matter it was out of warranty - it's the whole "reasonable person's expectations" thing... as SS has said, it can be very subjective and argued either way - which can work to your advantage ;-)

As Merlin don't do Commencal, you may get one of a few things - a proportion of the money paid back (which can depend on the "reasonable person" thing... e.g. you paid £1k, it's lasted three years instead of the "expected" 6, here's £500)... they may offer you a different frame etc... but something is better than nothing.

Don't accept them passing you around between the three of them.

Anonymous

DID you call commencal back again and explain the issues?

weeksy59

lhoward1976 wrote:

The Sale of Goods Act is your friend.

If you're having no luck going the warranty route through Commencal, ignore them (and Madison, for that matter). If you bought the bike from Merlin, talk to Merlin - your contract is with them... doesn't matter a jot that they no longer deal with the manufacturer/distributor.thing... e.g. you paid £1k, it's lasted three years instead of the "expected" 6, here's £500)... they may offer you a different frame etc... but something is better than nothing.
.

Agreed 100%.

Evans were happy to give me a replacement frame for my 2 Super 4 cracks.. In the end i went with the Commencal Meta which up to now is OK, but Evans were happy within reason to give me any frame i wanted (up to a price of course)

As above... it's not Commencals issue, or Madison.... it's whoever sold you the bike. However if out of warranty... IMO you're toast.

Dirtydog11

I hate getting fu*ked about like this, they're happy to take your money but when things go tits up they don't want to know.

Its's not our fault it's theirs etc, do they really not know what their responsibilities are? :evil:


Send Merlin a copy of this

---

Your name
First line of address
Second line of address
Third line of address
Fourth line of address
Contact telephone number
Owner/Manager’s name
First line of company address
Second line of company address
Third line of company address
Fourth line of company address
Today’s date

Dear Sir/Madam,

RE: Faulty goods and the Sale of Goods Act 1979 (as amended)

On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working.

The problem is [enter description of fault].

The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.

This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.

The law also says I have six years from the date of purchase to claim damages for faulty goods.

My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended.

Please respond to my complaint within 7 days from receipt of this letter.

Yours faithfully,
[your name]

from here

http://www.bbc.co.uk/blogs/theoneshow/c ... downl.html

stubs

Well I have solved my bike problem. Well sort of I have just bought a new bike

Going to keep chasing Merlin/Madison/Commencal though citizens advice are getting involved. So watch out on ebay for a scruffy scratched Super 4 with a shiny new back end (possibly of a different colour) read in amazement the bullshit description and bid bid bid.

paul20v

what did you get ?
another commie.

stubs

paul20v wrote:

what did you get ?
another commie.

Theres no need to swear

Ordered a Canyon Nerve XC 7.0 in matt anodised black looked at the spec sheet and couldnt believe what you get for £1570. All parts are top notch, frame is good going by tests in german magazines and on german websites. Cant wait to get out for a cracking ride

Canyon Nerve XC 7.0

paul20v

excellent make sure you get a pic up when you have it 8)

stubs

2 weeks delivery I want it NOW

weeksy59

As from today a company called 'Decade' have taken over ALL responsibiluity for Commencals, including warranty apparently.

They are a daughter company of CRC so should be pretty clued up.

stubs

weeksy59 wrote:

As from today a company called 'Decade' have taken over ALL responsibiluity for Commencals, including warranty apparently.

They are a daughter company of CRC so should be pretty clued up.

Interesting have you got a link

weeksy59

stubs wrote:

weeksy59 wrote:

As from today a company called 'Decade' have taken over ALL responsibiluity for Commencals, including warranty apparently.

They are a daughter company of CRC so should be pretty clued up.

Interesting have you got a link

Nopes, was on the Commie forum this morning... that's the limit of my knowledge i'm afraid.

Dick Scruttock

http://www.bikemagic.com/gear-news/comm ... 10514.html

Contact email and phone number in that link.

stubs

Rick Draper wrote:

http://www.bikemagic.com/gear-news/commencal-get-new-uk-distributor/10514.html

Contact email and phone number in that link.

Thanks for the heads up Rick that adds to my list of numbers to ring. Probably get zero help but getting used to it now, surely someone will eventually respond to my increasingly desperate pleas. I often wonder do other countries have such shite customer service or is it a uniquely British thing. Getting sick of the buck being passed its not as if I want a brand new bike just a swinging arm which would be nice if it was free but I will pay for if needed.