Evans/BMC Warranty
Comments
-
MountainMonster wrote:You people need to learn to read, it says he discovered the crack 3 weeks ago, and the bike was bought in April. Makes a huge difference!
Why does this make a huge difference?? :?0 -
merak wrote:
Really? In what way does the fact that the bike is 3 months rather than 3 weeks old make a huge difference?MountainMonster wrote:You people need to learn to read, it says he discovered the crack 3 weeks ago, and the bike was bought in April. Makes a huge difference!
There is a large difference between 3 weeks and 6 months, that's all i'm saying. There are many people on here slating evans because a bike has only lasted 3 weeks, personally I think personally slating a company publically just because you are not happy with the color of a bike is extremely childish and unprofessional, especially when the BMC warranty terms don't state a bike will be replaced with the EXACT one, but something of similar value. Your bike was replaced with a similar product, and while your not happy with the color of the bike, it is perfectly functional, and only the seat needs changing really.
I see it as basically being a 3 year old in a candy shop, and throwing a hissy fit when you don't get EXACTLY what you want.0 -
So a few months for £1300 ... that’s good going right?
Purchased bike on 15th April approx
Cracked on frame noticed on the 7th August.0 -
Sorry MountinMonster, you don't seem to understand British Consumer law.
The warranty is irrelevant, the shop (not the manufacturer) is responsible. They are in breach of contract because the bike failed and was therefore not of satisfactory quality. As previously mentioned, in British law the presumption is that if an item fails within 6 months then it was faulty at time of purchase, unless they can prove otherwise. He has a right to a refund or replacement (of the exact model).
Secondly, expecting a shop to comply with the law is a very reasonable expectation, and expressing ones disappointment that this has not happened is not a "hissy fit".
Thirdly, OP is being "unprofessional"? What profession is this then? If being a consumer were a profession then it would include demanding one's legal rights; being a professional retailer would mean obeying the law of the land!
Anyone who argues that OP shouldn't get proper treatment under the law is part of the problem that lets retailers think they can get away with poor service!
OP, write a letter entitled "notice prior to action" giving them 14 days to refund or replace, send it recorded delivery. Say you will make a claim in the small claims court after 14 days (it is easy to do online).0 -
He paid £1300 for EXACTLY what he wanted and the frame broke after three months and he is unprofessional for demanding an equivalent replacement which includes equivalent aesthetics? It's obviously not just a question of functionality - or are you so colour blind that you take no notice of the way your bikes look? I think Evans behaviour has been unprofessional and shoddy in the extreme.There, I've slated them again.MountainMonster wrote:I see it as basically being a 3 year old in a candy shop, and throwing a hissy fit when you don't get EXACTLY what you want.
By the way, this not a warranty but a sale of goods and customer service issue.0 -
AlfaBlue... Thankyou!
Will send a letter tonight with the assistance/guidance from all of your posts.
Been a long day...
Mountin Monster.... :roll:0 -
mjl1982 wrote:So a few months for £1300 ... that’s good going right?
Purchased bike on 15th April approx
Cracked on frame noticed on the 7th August.
Is the bike gone? No, it's just been replaced with a frame of a different color. had his bike been stolen, or they had never even taking it back for a replacement, then I could understand your 1300 for a few months statement.
If your really so worried about the color, just get a refund and buy a bike from somewhere else.
In the UK, yes the law is as stated alfablue. But also within the laws are statutes to protect companies should a model not be produced anymore in a certain color. If you buy a laptop and it goes faulty, you go to the store and ask for a replacement, but the model is no longer in production or there are none in stock, they will replace with something similar. You then have 2 choices, take the similar product, or get a refund.
Although, also, when you buy a bike, you agree to the warranty terms of a manufacturer. Purchasing the product confirms you are in agreement, whether you have read them or not. The law also protects this.
This wouldn't hold up in court I suspect.
As far as unprofessional is a saying, meaning you arn't doing something with respect, or professional ethics. It matters not what profession we are talking about, it simply applies.
I still stand by my hissy fit statement, I highly doubt you will get any better outcome from the situation than has already happened, but good luck anyways.0 -
Hissy fit...haha! I've not opened a packet of m & m's here and noticed theyre all red.
'but good luck anyways.' If only you meant that...
0 -
Doh!MountainMonster wrote:
Is the bike gone? No, it's just been replaced with a frame of a different color. had his bike been stolen, or they had never even taking it back for a replacement, then I could understand your 1300 for a few months statement.
As far as I know, no refund was offered.If your really so worried about the color, just get a refund and buy a bike from somewhere else.
OP states he is willing to accept the different colour frame provided colour coded parts that don't match new frame are also changed.In the UK, yes the law is as stated alfablue. But also within the laws are statutes to protect companies should a model not be produced anymore in a certain color. If you buy a laptop and it goes faulty, you go to the store and ask for a replacement, but the model is no longer in production or there are none in stock, they will replace with something similar. You then have 2 choices, take the similar product, or get a refund.
Rubbish. Sale of Goods Act takes precedence over manufacturer's warranty - contract is with Evans not manufacturer.Although, also, when you buy a bike, you agree to the warranty terms of a manufacturer. Purchasing the product confirms you are in agreement, whether you have read them or not. The law also protects this.
And I suspect you're wrong.This wouldn't hold up in court I suspect.
But in any case Evans have been the unprofessional shoddy party in this - not the OP.0 -
Spot on Merak! NO REFUND OFFERED.
Spot on again Merak! All i'm asking for is the colour set to be the game... not the Shimano group set!!0 -
-
and so is your crazy talk....
MountainMonster..... 0 -
-
I am sure the OP would accept that, and it his right, only Evans aren't (yet) offering that.MountainMonster wrote:[If your really so worried about the color, just get a refund and buy a bike from somewhere else.
yes, if only OP was being offered both choices (if he was offered a refund he could even buy the same bike from another Evans store).In the UK, yes the law is as stated alfablue. But also within the laws are statutes to protect companies should a model not be produced anymore in a certain color. If you buy a laptop and it goes faulty, you go to the store and ask for a replacement, but the model is no longer in production or there are none in stock, they will replace with something similar. You then have 2 choices, take the similar product, or get a refund.
no, and the warranty could contain unfair terms and conditions which would not be enforceable, but in any case the warranty is a complete red herring, so forget it.Although, also, when you buy a bike, you agree to the warranty terms of a manufacturer. Purchasing the product confirms you are in agreement, whether you have read them or not. The law also protects this.
No it wouldn't, the court would uphold the Sale of Goods Act (1979) which places the duty on the shop, not the manufacturer, hence warranties are irrelevant.This wouldn't hold up in court I suspect.
You talk of ethics, but surely the ethical thing is that the law is upheld, not flouted, as Evans are doing.As far as unprofessional is a saying, meaning you arn't doing something with respect, or professional ethics. It matters not what profession we are talking about, it simply applies.
He will get a refund or a settlement from the small claims court if he follows the steps that I will tell him by PM. I have done similar many times, and indeed only last week had an email from *igg** (big online retailer) admitting they had not adequately trained their customer service staff in consumer law, and here is your refund, sir!I still stand by my hissy fit statement, I highly doubt you will get any better outcome from the situation than has already happened, but good luck anyways.0 -
I think this whole thing has gone a bit off topic.
Getting back to the warranty/build quality of BMC I'm surprised your bike failed,
considering Cadel Evans finished the TDF on the same bike he started the race on (quoted from somewhere on here).
People are quick to cast doubt on a product calling it faulty,
but can I just ask your height & weight?
From the location of the crack & the wheel issues it just sounds like it might have a bearing on the problem.
As for the colour it won't make you go any faster,
and your almost certain to have a 1-of-a-kind there.
And frankly the bike looks better IMHO.Welcome to Hoogerland, Population: Heroes.
Danny Hart; How does he sit down with balls that big?0 -
What's the topic then?Hierotochan wrote:I think this whole thing has gone a bit off topic.
So, without knowing anything about him, according to you the OP is too porky to ride a road bike without breaking it and so it's really all his fault and he should take what he's offered. Some frames break due to faulty manufacture. Sheesh!Getting back to the warranty/build quality of BMC I'm surprised your bike failed,
considering Cadel Evans finished the TDF on the same bike he started the race on (quoted from somewhere on here).
People are quick to cast doubt on a product calling it faulty,
but can I just ask your height & weight?
From the location of the crack & the wheel issues it just sounds like it might have a bearing on the problem.
But it doesn't in the eyes of the OP which is what actually matters.As for the colour it won't make you go any faster,
and your almost certain to have a 1-of-a-kind there.
And frankly the bike looks better IMHO.0 -
MountainMonster wrote:Some say crazy, some say blunt, some say boneheaded, some say totally wrong, some say idiotic. Anyway who cares, it's the internet.
Fixed that for you
To put it another way - if you went shopping for a bike and saw one that had a completely wrong saddle colour and mismatched brakes and was not discounted for this would you
a) think, wow, full price for a crap looking bike - I must buy that or
b) think, that looks crap, I'll go somewhere else and buy one that doesn't look stupid?Hierotochan wrote:Getting back to the warranty/build quality of BMC I'm surprised your bike failed,
considering Cadel Evans finished the TDF on the same bike he started the race on (quoted from somewhere on here).
So, because Cadel Evans managed to ride a BMC for 3500 miles without breaking it, that means that no BMC can have a manufacturing fault?
That is possibly the stupidest comment I've read in hours here Faster than a tent.......0 -
Never rule out other problems, just because it failed, and also remember we do not know the OP in person, and can not judge on:
a) his trustworthyness or
b) knowing the full story on what was said.
I have broken things within the first month of usage, and it for sure wasn't faulty. In these days, everyone is trying to blame someone else for something, so it could very well be that it was actually caused by him, but he knows he can push it as faulty so as to get everything repaired free of charge.
BTW to the Op, this is no attack on you, and as I have never met you, I can not form any judgement on it, i'm just stating that as a generalization which COULD happen, not saying it did.
And also, just because a refund has not been offered, does not mean it is not available. of course a company is going to try to minimize losses to themselves, so it will not be the first option for them. The OP could have always asked for a refund, and if they refused, then it would be a different story, but calling Evans poo because they didn't offer a refund straight off the back is not really deserved IMO.0 -
MountainMonster wrote:Never rule out other problems, just because it failed, and also remember we do not know the OP in person, and can not judge on:
a) his trustworthyness or
b) knowing the full story on what was said.
I have broken things within the first month of usage, and it for sure wasn't faulty. In these days, everyone is trying to blame someone else for something, so it could very well be that it was actually caused by him, but he knows he can push it as faulty so as to get everything repaired free of charge.
Sigh! With that attitude, no faulty product would ever get replaced because there's an outside chance that the failure was caused by user error. Under UK Sale of Goods legislation (which you appear to be unfamiliar with) the assumption is that failures in the first six months are due to faulty products and the onus is on the supplier to prove otherwise. I don't know how you crack a sound frame other than flinging it down the road or hitting it with a sledge hammer. In any case, Evans have already accepted the frame is faulty by replacing it - that is not the point. The point is that they are insisting on replacing it in such a way that the OP is left with a compromised product at the end, which is illegal, because the fact that the product was faulty constitutes a breach of contract. Not to mention appalling customer service. Capisce?
Now there is one thing you say here which does make some sense which is if the OP is spinning us a yarn, we are slating Evans unfairly. I have no reason to think he is - he's even posted photos of the kludge of a bike that's been built for him. Sadly the tale rings only too true. I'm trying to think of circumstances in which offering that bike as replacement would be reasonable and I can't think of any.0 -
Uh, this is quite a naive comment; they are duty bound to offer a refund and knowing the OP is not happy with the remedy offered they have had plenty of chances to make that offer. Quite honestly MM you may as well move on to another thread, you surely can't have any further red herrings left for this one! :roll:MountainMonster wrote:Never rule out other problems, just because it failed, and also remember we do not know the OP in person, and can not judge on:
a) his trustworthyness or
b) knowing the full story on what was said.Irrelevant, even if it was a hypothetical discussion the principles of law are correct
The manufacturers have inspected it and replaced it, one presumes they are the experts, and one presumes they would have said if they thought it wasn't faulty, therefore the dispute is nothing to do with the origin of the breakage, and is therefore, also irrelevant!I have broken things within the first month of usage, and it for sure wasn't faulty. In these days, everyone is trying to blame someone else for something, so it could very well be that it was actually caused by him, but he knows he can push it as faulty so as to get everything repaired free of charge.And also, just because a refund has not been offered, does not mean it is not available. of course a company is going to try to minimize losses to themselves, so it will not be the first option for them. The OP could have always asked for a refund, and if they refused, then it would be a different story, but calling Evans poo because they didn't offer a refund straight off the back is not really deserved IMO.0 -
alfablue wrote:MountainMonster wrote:Never rule out other problems, just because it failed, and also remember we do not know the OP in person, and can not judge on:
a) his trustworthyness or
b) knowing the full story on what was said.Irrelevant, even if it was a hypothetical discussion the principles of law are correct
The manufacturers have inspected it and replaced it, one presumes they are the experts, and one presumes they would have said if they thought it wasn't faulty, therefore the dispute is nothing to do with the origin of the breakage, and is therefore, also irrelevant!I have broken things within the first month of usage, and it for sure wasn't faulty. In these days, everyone is trying to blame someone else for something, so it could very well be that it was actually caused by him, but he knows he can push it as faulty so as to get everything repaired free of charge.
Uh, this is quite a naive comment; they are duty bound to offer a refund and knowing the OP is not happy with the remedy offered they have had plenty of chances to make that offer. Quite honestly MM you may as well move on to another thread, you surely can't have any further red herrings left for this one! :roll:And also, just because a refund has not been offered, does not mean it is not available. of course a company is going to try to minimize losses to themselves, so it will not be the first option for them. The OP could have always asked for a refund, and if they refused, then it would be a different story, but calling Evans poo because they didn't offer a refund straight off the back is not really deserved IMO.
HAHAHAHAHAHA.
You guys really are quite a one sided bunch. Just like with insurance companies, retail companies try to weasel themselves out of any situation, and that is what they are trying to do here. Common business practice to try to minimise loses, so don't see where the red herring is here. :roll:
lets say you sell a bike, and the buyer notices a small mark on a part, and wants to get it fixed. Would you straight away offer a refund, having to deal with selling the bike again, at a loss as it has been used, or try to fix it the best you could and hope it suffices? I'm guessing you'll go the second option as it is cheaper one for you, and this is exactly what evans is doing. Don't say anything unethical in using refunds as the last options.In all my retail jobs i've had in the past, refunds were a last resort, everything else should be exhausted, and only in the case of fuming customers was a refund offered when not requested.0 -
Also, just a side note, the SOGA doesn't actually cover the appearance of an item, just the functionality, so in this case, it won't stand a chance in court. Different colours of parts supplied do not matter, as the functional side was fulfilled.0
-
So Mm you are saying that in your retail work you would try your best to avoid the law and act illegally unless forced to behave by the customer. AMAZING
so MM is ethical and professional or MM is *cum? Tricky one. Hmmm0 -
utter ignorance!MountainMonster wrote:Also, just a side note, the SOGA doesn't actually cover the appearance of an item, just the functionality, so in this case, it won't stand a chance in court. Different colours of parts supplied do not matter, as the functional side was fulfilled.0 -
alfablue wrote:
utter ignorance!MountainMonster wrote:Also, just a side note, the SOGA doesn't actually cover the appearance of an item, just the functionality, so in this case, it won't stand a chance in court. Different colours of parts supplied do not matter, as the functional side was fulfilled.
The SOGA deals with fit for purpose, the bike is 100% fit for purpose, and is no longer faulty, or whatever you want to say with the break. Colours are not included in fit for purpose, as this is a personal taste, and not purpose related. Prove me wrong, then call it ignorance.0 -
Alfablue, Merak and Rolf thank you for actually understanding whats going on and posting constructive comments.
@Hierotochan
Not that its any relevance, but I'm 6'4 and just under 16stone. Now if the bike was not the right one for me, then the guys at Evans shouldnt of reccommended the BMC SR02 or tell me that the 60cm frame was ideal for me.
MM... We are going round in circles with you. No, I'm not guilty in anyway. Evans have inspected the bike. They have confirmed to me this is a warrantry issue. Just also going to mention that I have never crashed or fallen off my BMC actually beside the crack the frame has not got a scratch on it. I know you dont know me but this is the truth. Evans have not been suspicios regarding the frame. I know.... you dont me... I might not be telling the truth... :roll:
Also MM even though you are be awkard regarding the situation and no one here actually seems to agree with your way of thinking... please continue as you are keeping this thread active and while you are doing that more people are viewing and realising how badly Evans Cycles are behaving!0 -
mjl1982 wrote:Alfablue, Merak and Rolf thank you for actually understanding whats going on and posting constructive comments.
@Hierotochan
Not that its any relevance, but I'm 6'4 and just under 16stone. Now if the bike was not the right one for me, then the guys at Evans shouldnt of reccommended the BMC SR02 or tell me that the 60cm frame was ideal for me.
MM... We are going round in circles with you. No, I'm not guilty in anyway. Evans have inspected the bike. They have confirmed to me this is a warrantry issue. Just also going to mention that I have never crashed or fallen off my BMC actually beside the crack the frame has not got a scratch on it. I know you dont know me but this is the truth. Evans have not been suspicios regarding the frame. I know.... you dont me... I might not be telling the truth... :roll:
Also MM even though you are be awkard regarding the situation and no one here actually seems to agree with your way of thinking... please continue as you are keeping this thread active and while you are doing that more people are viewing and realising how badly Evans Cycles are behaving!
And keep going on thinking you will get any better of an outcome. Warranty doesn't state like for like, it states or similar product, so your lost there. SOGA doesn't cover appearance related issues, so you have no grounds for a court claim. I never said you were quilty of anything, I specifically said I was no saying you were doing anything in the wrong, just stated it happens alot.
You say it yourself, Evans say it is a warranty issue. In the warranty, it states or similar product, which is what they have done. You have proved I am right just in that statement, so continue thinking you have a case.
0 -
It deals with Satisfactory Quality as well as fit for purpose. Read on. . .or remain ignorant, as you currently are!MountainMonster wrote:alfablue wrote:
utter ignorance!MountainMonster wrote:Also, just a side note, the SOGA doesn't actually cover the appearance of an item, just the functionality, so in this case, it won't stand a chance in court. Different colours of parts supplied do not matter, as the functional side was fulfilled.
The SOGA deals with fit for purpose, the bike is 100% fit for purpose, and is no longer faulty, or whatever you want to say with the break. Colours are not included in fit for purpose, as this is a personal taste, and not purpose related. Prove me wrong, then call it ignorance.0 -
MountainMonster wrote:[And keep going on thinking you will get any better of an outcome. Warranty doesn't state like for like, it states or similar product, so your lost there. SOGA doesn't cover appearance related issues, so you have no grounds for a court claim. I never said you were quilty of anything, I specifically said I was no saying you were doing anything in the wrong, just stated it happens alot.
You say it yourself, Evans say it is a warranty issue. In the warranty, it states or similar product, which is what they have done. You have proved I am right just in that statement, so continue thinking you have a case.
It was only the other day Evans were offering various bikes to choose from which I was going to view... why would they do when they can throw the BMC warranty in my face. :?0 -
. FORGET THE F*C*N* WARRANTY, it has nothing to do with the law!!!!!!!And keep going on thinking you will get any better of an outcome. Warranty doesn't state like for like, it states or similar product, so your lost there.0
