2 day old bike: chain snapped, frame damaged. What to do?

dubcat

Hi guys, on the second ride of my brand new bianchi infinito the chain snapped I was not on a hill and I was not standing on the peddles. It just snapped during flat riding. To make matters worse the chain flailed and smashed in to the chainstay - the one that goes from the hub up towards the seat. The white paint cracked and a chunk of the paint fell off which is about the size of your small fingernail leaving an ugly rough black material (carbon I guess) exposed.

I was devastated. It looks fugly.

The bike shop is going to speak to Bianchi after they reopen their office after Eurobike. There is a good chance that Bianchi will say that this was mechanical damage and therefore not covered under the frame warranty.

The bike shop tried painting over the area exposed but paint will not stick. They put silver FSA stickers over that exposed area (on both chainstays to make it look sort of even) and replaced the chain with a higher quality one than that which is provided with the bike. The stickers are kinda fugly and I guess they will just peel off over time. They also offered a £150 credit. I need to get a mountain bike service done which costs £50 and I will easily spend an additional £100 there over the coming months.

Another alternative is that the shop could just give me my money back. Since I bought the bike with a massive discount (I paid £1500 for a £2300 bike) I am really not sure what I should do. I will not be able to buy another infinito if i return this due to the cost being too high - i won't get that discount again.

What would you do?

I may have no choice in the end as the wife is screaming at me to just get my money back but it would be good to get other peoples opinions.

team47b

I guess you have to try and be calm and wait for the answer from Bianchi first. Sounds as if the bike shop are being helpful, which is always good.

Tell the wife to stop sceaming, it aint helping

notlongnow

Your entitled to a refund If thats whats you want don't let them tell you different you have consumer rights

tmg

I would wait for bianchi to respond before doing anymore. With all warranty claims having the dealer on your side helps enormously, if they agree that the chain was at fault I am sure they can push bianchi to provide a replacement frame. Have you reviewed bianchi's warranty blurb?

Make it clear to the shop tho what you will want if bianchi say no, in that you will want your money back. Personally I would not want a damaged carbon frame irrespective of how cheap it was, I would always be concerned that the damage will get worse over time and that I would never be able to sell on when that time came.

Good luck with it.

rjkflyer

I'm not a lawyer, but my opinion (since you asked) would be:

1. In principle, a full refund is your 100% legal entitlement. There is little question that the goods were not fit for purpose - simply put the bicycle did not cycle for more than 48 hours.
2. The damage you probably need to be assured has not affected the integrity of the frame - I see that you refer to 'rough' - not sure that sounds too good. Hopefully it is OK, but you may wish to have Bianchi (NOT the retailer) warrant that this is the case. ELse your 'problem' becomes somewhat bigger of a crack appears in a year's time, although it is clear that the incident is now on record.
3. Assuming the bike was factory built (in other words, the fault is not at risk of being laid at the retailer's door for an incorrect assembly/choice of parts etc.), you could insist on Bianchi taking it back as it is THEIR bike that failed, not the retailer's 'assembly'. This might help get the monkey off of the retailer's back. If you are very lucky Bianchi may decide to 'repair' (i.e. replace) as opposed to refund (probably easier for them to absorb the cost than the retailer).

The offer of £150 is not unreasonable, and you ultimately have to accept that a full refund (of what you paid) is legally acceptable.

It's a tough one when you snap up a bargain, and the bargain lets you down.

What would I do? I would want a 'damaged' carbon frame to be guaranteed safe and integral above all else, and by the manufacturer.

guinea

It sounds like you have a nice bike shop.

I hope Bianchi stand by their product and offer you a new frame.

d4evr

I believe under The Sale Of Goods Act 1979 if an item that has failed, become damaged etc etc whilst doing what it was intended for then you are covered for 5 years. The retailer/manufacturer are to be allowed 3 attempts to make good or replace the item or give a refund.

I am in no way an expert but that is my (very) basic understanding of the Act. (I stand to be corrected )

As has been pointed out I would not accept a damaged frame. I'd be pushing for Bianchi to at least swap the frame for you.


This may help..........http://www.legislation.gov.uk/ukpga/1979/54

hstiles

How did you pay for the bike?

daviesee

Just a point of order.
It is not Bianchi's fault that a chain snapped.
That said, they may be nice about it and having a helpful* LBS helps.

*Helpful in as much as they probably built and fitted the chain and are feeling guilty.

StillGoing

I don't see that there is a claim myself. A chain can break at any time just as you could drop the chain, it's just bad luck and not the fault of the bike manufacturer. Any gesture by them should be taken for what it is; good will. Should Bianchi accept full liability, I'd go and buy yourself a lottery ticket as your luck is in.

d4evr

I'd argue quite strongly that a bike Bianchi built fails after 2 days IS their responsibility. Its up to them to take it up with their chain supplier. Your bike shop should see to it that you get a replacement, their suppliers (BIanchI) goods have failed, the bike shop takes it uo with them. After Bianchi sort you out they can then take it up with the chain manufacturer. I would accept no less than a new frame.

tmg

I would strongly argue that the OP has a claim here, either with the bike shop themselves or with Bianchi assuming the complete bike came direct from them. If the bike was complete them most products other than framesets are warranted by their manufacturers for 1 year from date of purchase (keeping in mind, warranties cover manufacturing defects not normal wear and tear, abuse, crash damage, or fatigue from use). Yes a chain can break at anytime, however I would argue that if that was to happen in the first 12 months under normal conditions then I would be looking to make use of the warranties provided by the manufacturers. Obviously the OP has more chance of making his point seeing as the bike was owned for 48hours therefore its unlikely that either the bike shop nor Bianchoi can claim it was through normal wear and tear or through something he has done that contributed.

I had a similar issue with a bike I purchased in 2009, the rear mech failed within the first couple of days sending it into the rear wheel. I went through the dealer and he sorted it with the manufacturer to replace everything that had broken or been damaged at no cost to me.

I'd be surprised if Bianchi say no to a new frame, if they do and the bike shop is also unwilling to do anymore than put a couple of stickers on to cover it up I'd be asking for my money back.

giant_man

d4evr wrote:

I'd argue quite strongly that a bike Bianchi built fails after 2 days IS their responsibility. Its up to them to take it up with their chain supplier. Your bike shop should see to it that you get a replacement, their suppliers (BIanchI) goods have failed, the bike shop takes it uo with them. After Bianchi sort you out they can then take it up with the chain manufacturer. I would accept no less than a new frame.

That's it really, in a nutshell. Hope you get sorted OP ...

steve6690

It's nothing to do with Bianchi. Your contract is with the shop and they are the ones that should be sorting this out with you. Don't let them convince you that any settlement is down to Bianchi. If Bianchi refuse to do anything then all it means is that they aren't going to reimburse the bike shop.
I'm already not liking the sound of this. IMHO demand a refund immediately or, if you paid by credit card, claim your money back through your card company.

tmg

If the OP is looking to take up the warrenty on the bike then it is to do with Bianchi as it is they who provide it not the shop (assuming the bike was a full build from the factory). If it was a frame built up by the shop then its different as it wasn't the frame that failed but a component part, under those circumstances the OP would need to get the shop to sort and then the shop would need to recoup any losses they have themselves with whoever supplied them the chain. If the shop doesn't play ball then the OP then needs to exercise his consumer rights to get his money back.

gabriel959

If you can't get a new frame then I would get a refund. Lots of sales going on at the moment - I am sure you will be able to snap something in a similar size.

mfin

If Bianchi come up short....

The shop could give you a new one themselves as replacement and take your bike back, selling yours on again as is, at cost or above. If they're so sure £150 covers the reduced value, they should have no problem selling it.

dubcat

Wow there is a happy ending to this story. Turns out my bike shop had one more Infinito left! They swapped frames and fitted a different chain (105)! I am picking up the bike tonight. I am so relieved/happy!

Thanks for your support and advice. I will post some pictures soon! Mega happy

FYI the shop is Evans Gatwick branch. The manager Mark L really looked after me and went way past the extra mile. He spent a very long time making sure I was happy with my bike and I felt he was really looking out for my best interest when things went wrong. One of the sales guys there George, also helped me loads. Both guys are brilliant and I will always buy from Evans as long as they are there. Just goes to show it is the individual's in the store who make a difference - not whether the shop is an independent lbs or a national chain.

Crankbrother

Good stuff, as expected but no hassle is always a plus ...

Got to say that Evans get abad rap a lot of the time but we've bought 7 bikes online from them with no hassle ... Not even a need to adjust the gearing ...

carrock

Excellent stuff

My wife had a Bianchi Camaleonte with a brushed aluminium frame- at only 9 months old the frame developed spiderweb corrosion under the clearcoat- Bianchi didnt want to know, but the dealer replaced the frame at his expense.

Dealers get a lot of stick, but in this instance a happy ending

wishitwasallflat

Nice to hear a happy ending and - for once - something good about Evans! My nearest branch is atrocious!

gabriel959

Dubcat wrote:

Wow there is a happy ending to this story. Turns out my bike shop had one more Infinito left! They swapped frames and fitted a different chain (105)! I am picking up the bike tonight. I am so relieved/happy!

Thanks for your support and advice. I will post some pictures soon! Mega happy

FYI the shop is Evans Gatwick branch. The manager Mark L really looked after me and went way past the extra mile. He spent a very long time making sure I was happy with my bike and I felt he was really looking out for my best interest when things went wrong. One of the sales guys there George, also helped me loads. Both guys are brilliant and I will always buy from Evans as long as they are there. Just goes to show it is the individual's in the store who make a difference - not whether the shop is an independent lbs or a national chain.

Indeed mate, very glad to hear they came trumps. To be honest I would expect them to recoup their loses as it is a chain failure which caused this.

steve6690

tmg wrote:

If the OP is looking to take up the warrenty on the bike then it is to do with Bianchi as it is they who provide it not the shop (assuming the bike was a full build from the factory). If it was a frame built up by the shop then its different as it wasn't the frame that failed but a component part, under those circumstances the OP would need to get the shop to sort and then the shop would need to recoup any losses they have themselves with whoever supplied them the chain. If the shop doesn't play ball then the OP then needs to exercise his consumer rights to get his money back.

Yes, but after 2 days I wouldn't treat it as a warranty issue. It's a "not fit for purpose" issue - Sale of Goods Act. Either way, it's sorted now.

daviesee

Good news. Credit to Evans where it is due.

dubcat

Picked up the bike. I am really pleased. They even applied the lizard skin protection patches they knew I wanted to buy, free of charge. They changed the chain for a 105 too. Mark spent time to get the bike set up exactly like my old one. Can't wait to go out and ride it tomorrow

Now, i just need to build up the courage to wear Lycra again!

d4evr

Glad you got it sorted mate!!

Gabbo

I have had a very similar issue.

I purchased my bike just 17 days ago (not even 3 weeks) and have experienced numerous of chain drops, wrongly installed cables and a front wheel that arrived buckled.

The chain dropping resulted in damage to the carbon frame near the cassette. My biggest concern is that the damage to the carbon will result in lessening the integrity of the frame (that is worst case, however). In addition to that, the front dereliur needs some major adjusting.

I have sent out an email to the company I purchased it from. Now awaiting their response but am fully expecting them to incur any mechanical failure or damage to the bike. It's not acceptable, especially when you consider I've been riding responsibly for only 3-4 times per week.

jay197

Glad to hear a happy ending for once

+1 for Evans also