Need some advice on a warranty claim (cracking photos)

Anonymous

Right, seriosuly this time. When you've been passed on by one company, Commencal, have you then called them BACK after the others and explained that you're being taken in circles?
Then what did they say?

stubs

The problem is not Commencal its this end. Things are complicated because of the long history of this particular bike and the fact that it is the 4th frame. I am in contact with Commencal but they cant deal with me directly I need to find someone who will accept responsibility for the warranty claim which only a Commencal dealer can do.

I bought the original bike from Merlin they cant help me because they are no longer a Commencal dealer in fact no one is sure if they ever were legally a dealer someone unconnected with the firm told me they imported there bikes direct from a wholesaler in europe. Dont know if this is true but might be an explanation.

Madison wont help because they are no longer dealing with Commencal possibly they are legally tied because of the new importer that Weeksy and Rick have mentioned.

Unfortunately I get the impression that Commencal treated its dealers pretty badly (could well be wrong its only an impression) and have left a lot of very bitter shops who wouldnt piss on a Commencal if it was on fire. Also Commencal HQ seems to be a bit shambolic trying to get the phone answered is crazy if someone picks up the phone there is no one who speaks english and it all takes time to find the guy who speaka da inglese.

Keep meaning but keep forgetting to try Real Cycles in N,Ireland they were one of the major dealers dont know if they still are they seem to be selling off there stock cheap at the moment.

Anonymous

Hmm, I see. Sorry there just seemd to be no indication that you'd been back to them to explain the hard time you were given by their dealers.

weeksy59

stubs wrote:

I bought the original bike from Merlin they cant help me because they are no longer a Commencal dealer in fact no one is sure if they ever were legally a dealer someone unconnected with the firm told me they imported there bikes direct from a wholesaler in europe. Dont know if this is true but might be an explanation.

Madison wont help because they are no longer dealing with Commencal possibly they are legally tied because of the new importer that Weeksy and Rick have mentioned.

Keep meaning but keep forgetting to try Real Cycles in N,Ireland they were one of the major dealers dont know if they still are they seem to be selling off there stock cheap at the moment.

As stated by bloke a week ago.. MERLIN ARE RESPONSIBLE for your warranty... not Commencal. Commencal are responsible to Merlin. We'll keep saying it, but it's THE LAW (You see what i did there lads ) When you buy a bike, its' the retailer who your contact is with.

Real cycles are still debating whether they'll do Commies.

Dirtydog11

Your contract is with Merlin! Your contract is with Merlin! Your contract is with Merlin! Your contract is with Merlin! Your contract is with Merlin!

The buck stops there, end of. It's their problem to sort whether they like it or not

MTFU and Send them a copy of the letter on previous page!

diy

When did the first frame fail - that is the only important fact.

Dirtydog11

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.


That is a Fact ^

diy

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

Its a common misunderstanding that you have effectively a six years warranty. You don't, you have 6 years to bring a claim before your claim is statute barred. This six year limit does not replace the terms of the warranty, only the time that you have to bring a claim.

The reason I asked about when the first frame failed, is because the consumers entitlement to rescind does not end when the supplier remedies the failure. It is that first failure which is all important. The only issue is that the damages can be reduced for benefit received.

Dirtydog11

The annoying thing about this DIY is that Merlin must know what there obligations are.

It's hard to believe that a company that have been trading as long as they have are not aware. They're not doing themselves any favours in my eyes, however they could still sort this sorry mess out and come out of it very favourably.

stubs

Dirtydog11 wrote:

The annoying thing about this DIY is that Merlin must know what there obligations are.

It's hard to believe that a company that have been trading as long as they have are not aware. They're not doing themselves any favours in my eyes, however they could still sort this sorry mess out and come out of it very favourably.

Sorry but thats not called for this is a very complicated issue and not all the facts are available to you. This is not Merlins fault.

Abusing a company gets me no where and might end up clouding the issue.

Things are moving just very slowly and I have got frustrated and let that show on this thread which is not helping my cause anymore.

I wont be posting on this anymore.

weeksy59

Agreed, it's not Merlins FAULT... however as they sold you the bike it IS their responsibility.

Thewaylander

weeksy59 wrote:

Agreed, it's not Merlins FAULT... however as they sold you the bike it IS their responsibility.

This is the truth responsablity belongs to sales people. They have to follow up and through mate.

diy

I appreciate you are getting annoyed, but if it helps, manufacturers normally indemnify, importers who indemnify distributors, who indemnify retailers who sell to you with statutory terms.

The problem that you seem to be experiencing is a breakdown in this chain. Hence the retailer has no indemnity to claim upon and would be out of pocket. Furthermore the terms of their indemnity normally prevent them from acting unilaterally, hence the need to work with an agent authorised to act.

That doesn't change any of the facts that have been repeatedly made here from your perspective. My advice would be to give them reasonable time to make their process work, avoid sending misguided shouty consumer rights emails. However, if after a reasonable time (which to me might be 6-8 weeks tops), I'd look at the cost of a used replacement of similar spec and make a without prejudice offer of settlement on the basis of what it would cost you to replace the frame with a similar 2 year old frame. This addresses the issue of benefit and betterment. If they then fail to take your offer you can make a claim against the retailer using money claim online.

You should keep the retailer appraised in your attempts to find an appropriate agent, so that they can see you are doing the leg work. Any claim you make in court would be prejudiced if you had not kept the retailer in the loop.

IME if the retailer is able to deal with a rational consumer who is will to work with them, they will resolve the issue in a reasonable time, particularly if they think they'll end up in the county court over it.

The Big Cheese

andrewjoseph wrote:

stubs wrote:

Do Marin sell seperate framesets. A lot of the big firms only seem to sell complete bikes.

Hmm, not sure, perhaps not. Try ATB bikes website. http://www.atb-sales.co.uk

No - you cannot purchase a Marin frame on its own. not even aftermarket.

There's a slim hope that ATB sales have a one-off (my old Marin Team Issue for example).

Thewaylander

Now Diy that was a sane post! and exactly the correct way to deal with it.

diy

Thewaylander wrote:

Now Diy that was a sane post! and exactly the correct way to deal with it.

must be the antibiotics - I wont let it happen again.

Dirtydog11

stubs wrote:

Dirtydog11 wrote:

The annoying thing about this DIY is that Merlin must know what there obligations are.

It's hard to believe that a company that have been trading as long as they have are not aware. They're not doing themselves any favours in my eyes, however they could still sort this sorry mess out and come out of it very favourably.

Sorry but thats not called for this is a very complicated issue and not all the facts are available to you. This is not Merlins fault.

Abusing a company gets me no where and might end up clouding the issue.

Things are moving just very slowly and I have got frustrated and let that show on this thread which is not helping my cause anymore.

I wont be posting on this anymore.

At no point have I said it's there fault, at no point have I abused them.
Like it or not the fact remains it's their responsibility as your contract is with them.

You'll be pleased to hear I won't be posting on this any more either!

The Northern Monkey

have you tried blaming wiggle yet? Its probably their fault!

Dick Scruttock

Sorry to bump a old thread but this is important.

Merlin are now selling Commencal so if i was the OP i would be all over them like a rash to get the issue resolved.

lhoward1976

diy wrote:

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

Its a common misunderstanding that you have effectively a six years warranty. You don't, you have 6 years to bring a claim before your claim is statute barred. This six year limit does not replace the terms of the warranty, only the time that you have to bring a claim.

Spot on... and even though you may get a "12 month warranty" from the manufacturer via the retailer, that's not the limit of your rights... it's the reasonable time thing again.

Somebody said Merlin should be aware of all this - they probably are at some level of the organisation, but that doesn't mean the people (not) dealing with this issue are. I remember a conversation with a retail store manager (large chain) when I was returning goods once - he *actually said* "The Sale of Goods Act? Never heard of it".

Maybe you need to approach it a different way - you've mentioned your pleas to them... you don't need to plea - politely but firmly remind them of your statutory rights and that they are legally bound to honour them. If they say it's not their responsibility, kindly ask to speak to someone in a senior position that understands the legislation under which the company operates.

Hell... I'm even tempted to mail them a link to this thread just to get it over with

supersonic

I don't think a commencal can be resaonably expected to last 5 weeks, never mind 5 years

;-)

Anonymous

supersonic wrote:

I don't think a commencal can be resaonably expected to last 5 weeks, never mind 5 years

;-)

stubs

Sorted at long last.

A big thanks to Tony at Merlin returns dept.

A big helping of fuck you to everyone who couldnt be arsed to help me.

Anonymous

Nice one. How was it resolved in the end?

stubs

Got a new chainstay its black so doesnt match the orange paint but actually looks kind of cool might bullshit people that its a carbon fibre one

Persistence pays off I think Commencal just wanted me to go away and stop pestering them.

DodgeT

Glad you got it sorted in the end, you got me panicking with your reply in my thread

streetvw

wow stubs you don't have much luck with bikes :shock:

stubs

streetvw wrote:

wow stubs you don't have much luck with bikes :shock:

Actually before I bought the Commencal I had only ever had one bike fail on me. That was a chainstay that broke the weld to the BB. It was a steel frame from the days when chainstays were about as thick as spaghetti and the BB used to swing from side to side like a pendulum as you pedalled. You could actually get the chain to rub the tyre when you were stomping the pedals. That was in the old days when handlebars were 20 inches wide, brakes slowed you down but didnt stop you, grown men wore purple lycra and walking home with a 2 piece bike was common