Scottt Scale 50 2009 Model; Crack in headset/headtube

OliN
OliN Posts: 15
edited July 2011 in MTB general
Hi,
Looking for some advise please.

i bought my Scale 50 in May 09, through the cycle to work scheme from Leisure Lake Bikes(through Halfords) i've used it for about 5 hours in 2 years.
Nothing more daring than riding down country lanes.
It looks brand new, no marks at all on the frame, tyres are not worn etc.

I was thinking of selling it, so gave it the once over yesterday.
However when i have looked at it, there is a vertical crack about an inch long in the Headset/Headtube.

I've spoken to Leisure Lake Bikes this morinng, who have asked for a photo, which I will send today.

My questiuon is, surely this shouldn't happen to a bike that cost a £1000?
Also what are they likely to do? replace the whole bike(it's an 09 model) or send a new frame?

Many thanks.
Oli.

Comments

  • cooldad
    cooldad Posts: 32,599
    Who can say. Might have been knocked or something.
    Pic here might help.
    I don't do smileys.

    There is no secret ingredient - Kung Fu Panda

    London Calling on Facebook

    Parktools
  • supersonic
    supersonic Posts: 82,708
    It can happen to bikes that cost a lot less and a hell of a lot more. The warranty should cover it ie a new frame.

    But pics would be good.
  • cooldad
    cooldad Posts: 32,599
    OliN wrote:
    see if this works:

    DSC01706.jpg
    I don't do smileys.

    There is no secret ingredient - Kung Fu Panda

    London Calling on Facebook

    Parktools
  • njee20
    njee20 Posts: 9,613
    As a slight aside, Scott could weasel out of this - Halfords bought the bike from LL, you bought it from Halfords, so you technically have no warranty as you're not the original owner.

    I don't know how Scott feel on the matter, but I know of at least one other brand who have taken this tack - they don't supply Halfords, ergo as far as they're concerned Halfords 'bought' the bike and are the original owner.

    I'ts pretty unlikely to happen, and I suspect you'll get a new frame out of it - but I'd be inclined to leave Halfords out of the loop/conversations!
  • andrewyzfr6
    andrewyzfr6 Posts: 194
    I dont know how it works in England, but in scotland, you would argue with halfords, as you bought the bike from them(where did the invoice to you come from?) It would cost you a maximum of £80 to take them to the small claims court(which is fully returned to you on a winning case).
    If the rest of the bike is pristine, and there is no obvious "impact mark" on or near the damaged area, you should be able to get a new frame/bike/refund from the people you bought it from, using the reason that "its not fit for purpose"
    2011 Orange 224 evo race
    2009 Orange 5 pro
    2008 Scott Scale 30
    2002 S-works m5 fsr
  • supersonic
    supersonic Posts: 82,708
    Very odd place to get a crack, right on the ring reinforcement of the headtube.
  • VWsurfbum
    VWsurfbum Posts: 7,881
    In my experience Scott warranty are awesome and would probably replace the frame no questions asked!
    Kazza the Tranny
    Now for sale Fatty
  • nicklouse
    nicklouse Posts: 50,675
    possibly headtube and cup were both (or one) was out of tolerance it could split the ring reinforcement but i would be very surprised. good luck it is an odd one but does not look new it looks quite old.
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • OliN
    OliN Posts: 15
    It does seem strange, it's hardly been used and nothing more strenuous than riding down country lanes
  • VWsurfbum
    VWsurfbum Posts: 7,881
    i think the crack might of been there sometime, you just didnt notice it? i would say it happened whe the headset was fitted>?
    Kazza the Tranny
    Now for sale Fatty
  • OliN
    OliN Posts: 15
    Your probably right, it's sat in the lounge for the last 6 months, not even touched it.
    So you don't think there will be an issue re replacing it?
  • nicklouse
    nicklouse Posts: 50,675
    there may be as warrenty is max 2 years. BUT as it is an expensive item you may do well going down the consumer rights way where you can follow it through the small claims route.

    do you have photos of it as new and as now show the lack of wear and original parts etc.....

    good luck.
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • OliN
    OliN Posts: 15
    in the leaflet that came with the bike, it said Scott guarantee frames for 5 years, if it had been serviced every year since purchase or three years if not serviced.

    It looks brand new, all componments, tyres, brakes etc are spotless
  • nicklouse
    nicklouse Posts: 50,675
    OliN wrote:
    in the leaflet that came with the bike, it said Scott guarantee frames for 5 years, if it had been serviced every year since purchase or three years if not serviced.

    It looks brand new, all componments, tyres, brakes etc are spotless

    yes but as said earlier you are not (possibly) the original owner as Halfords do not stock Scott, the 5 year Scott warranty is with them and not passable to you.

    But Your warranty as in all cases is with the seller as is up to two years. ( European Law).

    and as I said before

    http://www.direct.gov.uk/en/Governmentc ... /DG_182935
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • OliN
    OliN Posts: 15
    understood.
    tvm.

    Does this not potentially open up a wider issue?
    Where i work, the bike to work scheme is run through Halfords, there are possiibly 1000's of people who may have a bike under this scheme, that Halfords will not actually have supplied(eg Scott is a brand they do not supply directly).

    Does this then mean that the warranty the end user has, is potentially worthless?
  • andrewyzfr6
    andrewyzfr6 Posts: 194
    No it doesnt matter that Halfords got it thru another retailer. Halfords are supposed to be a bike retailer, and you bought the bike in good faith, and it must be fit for purpose, and do its job, allowing for fair wear and tear for a reasonable length of time, providing it isnt damaged outwith fair usage. If you bought it off your mate it might be diffrent than a high st. retailer.
    Now if you bought a road bike and you cracked the frame on the black route at glentess when it was 3 days old, and they questioned it, you wouldnt have a leg to stand on(providing you told them the truth, as you would!)
    2011 Orange 224 evo race
    2009 Orange 5 pro
    2008 Scott Scale 30
    2002 S-works m5 fsr
  • supersonic
    supersonic Posts: 82,708
    Who bought the bike frrom who though?
  • RevellRider
    RevellRider Posts: 1,794
    I believe the OP bought the bike from Leisure Lakes with the Halfords cycle to work scheme. So Halfords aren't the original owner, they just administer the scheme.

    Scott should warranty the frame, as the OP said they have a 5 year warranty if the bike is serviced yearly and this is reduced to 3 years if not. Just deal with Leisure Lakes and it should all run smoothly
  • njee20
    njee20 Posts: 9,613
    No it doesnt matter that Halfords got it thru another retailer. Halfords are supposed to be a bike retailer, and you bought the bike in good faith

    Not really true, if Halfords have been supplied it against the terms of the dealer agreement then the warranty isn't valid. It will say somewhere that the warranty is only valid if the bike is assembled and supplied by an official dealer, of which Halfords are not one.

    It's a grey area, and different brands do different things, but in some instances shops were selling bikes to Halfords at heavy discounts, and Halfords were passing them on under their C2W scheme.

    The customer has a legitimate receipt from Halfords, and has no reason to believe anything is up. However, come to do a warranty claim and the manufacturer says "we don't supply Halfords, they've been supplied that by someone else" and your manufacturers warranty becomes void, and as Nick said, you're left with Consumer Rights to fall back on, and little else. In this instance there's no reason to think it'll be a problem, but don't expect to merrily be claiming when your frame snaps 6 years down the line because it has a lifetime warranty or whatever.
  • Although very ancient , Donaghue vs Stephenson established consumer law and the duty of care basis. This has been enhanced by the concept of fitnes for purpose and in effect your issue is with the person who sold the item - their problem is with the manufacturer.

    Do you actually own it or des your employer- if the latter then they should be dealing with it?

    Good luck and don't be fobbed off!
  • OliN
    OliN Posts: 15
    thanks all for your help, it's appreciated.
    I'll let you know how i get on.
  • OliN
    OliN Posts: 15
    Looks Like Scott have come good and will be sending me a new frame shortly.

    i do have a question though.
    As they will only be sending a frame, i will need to get the bike built(ie all the components on my existing bike transferred to the new frame).

    Do yout think i should have to pay for this???
    I think not.

    My Local shop is quotibng approx £100 to do this.
    I get the feeling Scott won't agree to cover this.

    Anythoughts?
  • nicklouse
    nicklouse Posts: 50,675
    OliN wrote:

    Do yout think i should have to pay for this???


    My Local shop is quotibng approx £100 to do this.
    yes.
    Sounds about right. but you could reduce this by removing all the bits you can and get them to swap over what you dont have the tools for.
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • OliN
    OliN Posts: 15
    I have now received my new frame from Scott.
    It's in black and is a Scale 40 2009(the model up from the Scale 50), but same 7005 Alloy.
    Only slightly strange thing is that it has the option of using V brakes on it(two threads welded onto either side of the seat stay(is this normal on a £1500 bike?).

    Scott have agreed to pay £40 to the re build cost, which is a bonus.
  • njee20
    njee20 Posts: 9,613
    Yes that's normal - warranty frames are often v and disc compatible, and have the decals from the highest model designation. If someone breaks a v-brake model they don't want to have to convert to disc. And if someone snaps a 50 and gets a 40 they're happy, but less so the other way around. It's about the manufacturers having to keep the fewest possible frames to satisfy warranty claims.