6 week, 30 mile old cracked cube reaction!! What are my righ
Comments
-
supersonic wrote:6 weeks though and 30 miles - and the fault was not apparant when the bike was bought - I would think most would deem this acceptance of goods.
This contradicts itself if you think about it. If a fault was apparent when you bought it why would you buy it in the first place? That's the whole point of the 'acceptance of goods' bit. You need to have chance to use it!
Appy, another thing to remember that your business is with the retailer. It's up to them to deal with the manufacturer. You shouldn't have to deal with the manufacturer so don't let the retailer pass you onto them. As you're dealing with the retailer they should supply a replacement you're happy with in a reasonable time (don't think repair applies/is possible with that frame). If the timescales are too long then you should be given a refund. The retailer can then go about sorting out losses with the manufacturer, but you shouldn't be affected by that.0 -
you're right to check out the Sale of Goods Act. goods must be fit for purpose. clearly your bike wasn't fit for purpose as it's failed very early in it's life and was doing what it was designed for.
http://www.which.co.uk/consumer-rights/ ... ur-rights/
looks like you might be 'timed out' though, worth a try
did you pay by credit card? If so, contact your credit card company. they have whole departments dedicated to this.
technically they bought the bike on your behalf and then you bought it from them. therefore they are jointly liable for the suitably of the goods. You need to quote section 75 or section 78 (sorry cant remember which but Google will help).0 -
dmorton wrote:supersonic wrote:6 weeks though and 30 miles - and the fault was not apparant when the bike was bought - I would think most would deem this acceptance of goods.
This contradicts itself if you think about it. If a fault was apparent when you bought it why would you buy it in the first place?
Any failure that occurs within 6 months, that was not disclosed, is deemed to have pre-existed at purchase. The burden is on the retailer to prove otherwise. After 6 months its for the buyer to prove. I think Super could mean a fault disclosed (e.g. shop soiled), but you are correct that the fault being apparent or not is irrelevant to the OPs claim. The retailer has no "good faith" defence.
In this instance "repair" would be fitting a new frame.smack148 wrote:did you pay by credit card? If so, contact your credit card company. they have whole departments dedicated to this..
It doesn't make any difference, unless the retailer fails to remedy the breach.0 -
Youll never guess whats happened this morning....bloody washing machine has died and guess how old it is? bought on the 6/03/12 ffs lol
Regards the cube, it was bought on teh card i always do with big things just for the extra protection you get. Certini have been great so far so im sure they will sought it.0 -
Slightly off topic, but I went MTBing once in Wales, a large group of us. I hadn't done any proper stuff at this stage. As we were all unloading our bikes, someone walked into the car park and had snapped his bike clean in half - it looked more like a folding bike. Our instructor said we are going the same route as him.
We were all ok.
As for the refund, reasoned discussion by both parties is better than going in hot headed. Again off topic, but I once worked in a well known electrical store. One day we had several customers come in with faults etc - and straight into an aggressive manner before listening to anything the customer services might have had to say. The customer service attiude was then to not be 100% as helpful as they could. A little old lady came in with a faulty kettle, was very polite and wondered if it wouldn't be too much trouble for it to be sent away for repair. She got a free upgrade to the next model up.0 -
Always good not to quote the law at people, better be a person that is easy to like. But don't allow yourself to fobbed off by "our policy is X" or "all we can do is take it up with the manufacturer".
The only time its worth referring to legislation is for a pre-action letter as this is normally the one where you spell out the fact that you have done your home work and are ready to issue papers for a claim in the county court.0 -
Well Certini have been great so no reason to get pissy ...yet
Just come off the phone to them, they have received the bike and already sent the claim of to Cube so they are obviously happy its not my fault0 -
Good news so far then0
-
Just had a phone call saying they are swapping it to a 2012 frame.
Not sure how i feel about this, as im selling it when it returns will this affect the resale value?
I guess i could sell it as a custom built cube
How do people think the spec compares on the 2011 bike to the 2012?
2011
http://www.tredz.co.uk/.Cube-Reaction-G ... _39779.htm
2012
http://www.certini.co.uk/Untitled-Product-p9590.html0 -
serious question, can i demand like for like replacement? and if they cant (which they cant) what then?0
-
Yes you can - this is not a warranty job, but basic customer rights.
If they cannot offer a replacement that is the same as the one you bought, demand a refund.0 -
If they have admitted its a manufacture fault in any way then I think you can probably demand like for like repair/replacement or replacement with an entire 2012 bike or money back - whatever you want really.
If however they are saying that its not their fault and you accepted the goods and have no right of recourse but they are only doing this as a warranty repair then there will be clauses in the warranty as to what is acceptable - you might be able to insist they replace the whole thing with 2012 bike but maybe not even that.
If however they say its not even covered by warranty and/or its your fault and that they are only doing this as a goodwill gesture then you may need to be careful - lest they rescind the offer entirely.
I realise you have a good case for saying the goods are not to standard and rejecting them regardless of the above, but if you have to argue that case then you should be aware that there are risks. So first thing I would try and do is get (ideally in writing or email) confirmation from them that they are accepting fault or warranty coverage and establish which it is.0 -
Almost certainly wont effect it at all. You've just swapped a 2011 frame for a virtually identical (looks wise) 2012 frame. I am guessing they are pretty much the same, but seems a fair deal to me. I don't think you could ask for any more.A Flock of Birds
+ some other bikes.0 -
I actually think the 2012 frame looks nicer...0
-
I guess if I was keeping the bike id be saying how great and quick the response has been but I've got it into my head that I want to sell it now as ill never trust it0
-
Not nice for the person you are selling it to lol.
"Great bike, but i don't trust it cos I snapped one"
;-)0 -
If they have replaced the frame, rather than repaired it, then I cant see why you shouldnt trust it. Probably comes from the same factory as another bike you would buy...
I am sure once you have ridden it for a few weeks you will forget the issues.0 -
give it a chance could of been a one off a friday afternoon frame if you like..
give the replacement 2012 frame a chance,, if this one breaks then sell it,, ( the replacement replacement if that makes sense)www.bearbackbiking.com
http://www.youtube.com/user/MrDelcol#play/uploads
hd vids
http://www.youtube.com/user/topasassin#play/uploads
http://www.vimeo.com/user2514116/videos0 -
Right after a great night in Southend Last night Watching Crewe Alexandra get to the play off finals ive made my mind up, i Definitely do not want a hybrid 2012/2011 bike as i feel this will affect the resale value so im going to ask for a refund, a 2012 bike or a 2011 bike(which i dont think they can get)
Any tips or words of wisdom greatly appreciated but ill be reading through the sale of goods act and trying to find the relevant parts0 -
They are not obliged to give you a whole new bike - but they are obliged to replace the part in question, and swap all the parts over.0
-
I have always found that you get more by not quoting the rules, but just say it in a reasonable way - just like you did in your post, "I am not really happy about a hybrid bike and would like a complete 2012 bike or refund if possible". Only then, if they say no to either and I want to pursue, would I start thinking about rules.
Just make sure that you dont upset them enough for them to rescind the offer they have made - unless you have an explicit statement of fault or acceptance that the warranty covers it.0 -
Would it really be worth less this way? I'd have thought the 2011 components arguably better, and add that to a new frame for best result.0
-
milko9000 wrote:Would it really be worth less this way? I'd have thought the 2011 components arguably better, and add that to a new frame for best result.
A buyer with a particularly keen eye might notice it's a 2011 spec on a 2012 frame and wonder why the change over = story of frame cracking = questions over how heavily the bike was used.
It wouldn't bother me if I was buying the bike but may put off some people I'm guessing.0 -
How does this sound?
Dear Sir Madam
With regards to the Cube Reaction GTC Team I purchased from yourselves that you currently have due to a cracked frame.
As you can not provide a like for like replacement I am not willing to accept a 2012 frame. I feel this is will seriously affect the
resale value of the bike and I am therefore rejecting the bike and wish to receive a complete replacement equivalent bike or a refund.
My rights under the sale of goods act 1979 state I can reject the goods and terminate the contract for breach of condition as it has
failed within a reasonable time to do so.
Section f348b 5 States
Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.
As the bike has done 30 miles out of an expected lifespan of thousands of miles this is a reasonable time.
The act also states If either a repair or replacement is not possible, or the cost is greater than the value of the item (
disproportionately costly ), or the customer claims either option is taking an unreasonable amount of time or is causing unreasonable
inconvenience, the customer is then entitled to return the goods and rescind the contract
ReagDear Sir Madam
With regards to the Cube Reaction GTC Team I purchased from yourselves that you currently have due to a cracked frame.
As you can not provide a like for like replacement I am not willing to accept a 2012 frame. I feel this is will seriously affect the
resale value of the bike and I am therefore rejecting the bike and wish to receive a complete replacement equivalent bike or a refund.
My rights under the sale of goods act 1979 state I can reject the goods and terminate the contract for breach of condition as it has
failed within a reasonable time to do so.
Section f348b 5 States
Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.
As the bike has done 30 miles out of an expected lifespan of thousands of miles this is a reasonable time.
The act also states If either a repair or replacement is not possible, or the cost is greater than the value of the item (
disproportionately costly ), or the customer claims either option is taking an unreasonable amount of time or is causing unreasonable
inconvenience, the customer is then entitled to return the goods and rescind the contract0 -
It would put plenty of people off i think. less people wanting to buy it means its worth less :-(TwellySmat wrote:milko9000 wrote:Would it really be worth less this way? I'd have thought the 2011 components arguably better, and add that to a new frame for best result.
A buyer with a particularly keen eye might notice it's a 2011 spec on a 2012 frame and wonder why the change over = story of frame cracking = questions over how heavily the bike was used.
It wouldn't bother me if I was buying the bike but may put off some people I'm guessing.0 -
It sounds good, but you don't have to put in the 'reasonable time' bit, as it not relevant here - it refers to the time they have to sort it. I would omit that section.0
-
the reasonable time bit refers to my rights to reject it i thought?0
-
It means two things: neither are relevant in this case.
1) You are allowed a reasonable time to inspect the goods before accepting them. Most would deem them to be accepted after 6 weeks.
A fault has manifested. As the goods are accepted, the retailer can offer a repair or replacement. If neither are possible, then a refund (minus usage costs).
2) They have a reasonable amount of time to remedy the situation.0 -
In fact I word word like this:
"Dear Sir/Madam,
I am writing to reject your offer of a new replacement frame as it is not the same as the frame I already had. I am entitled for a like for like replacement - I believe that would reduce the resale value of the bike and look and out of place on the 2011 kit. As a repair is not possible, and the replacement unnaceptable, I would like to recind the contract and have a refund of the bike.
Regards"
Nice and simple. Don't get two wordy with the SOGA yet as they might contest your claim, or reduce your refund.0 -
supersonic wrote:In fact I word word like this:
"Dear Sir/Madam,
I am writing to reject your offer of a new replacement frame as it is not the same as the frame I already had. I am entitled for a like for like replacement - I believe that would reduce the resale value of the bike and look and out of place on the 2011 kit. As a repair is not possible, and the replacement unnaceptable, I would like to recind the contract and have a refund of the bike.
Regards"
Nice and simple. Don't get two wordy with the SOGA yet as they might contest your claim, or reduce your refund.
This0
