Refused warranty

rockmonkeysc

It's valid as long as they are selling in to the UK and you didn't import it.

poah

EU has a similar guide too but with that there is no 6 months cut off just 2 years.

supersonic

I may have missed it earlier, but what type of biks is it ie xc/am, travel/hardtail etc? Used as intended?

forest2003

Xc Full sus 100mm travel. Was riding an xc route. Never been on jumps or drops.

larkim

Good guide here to your consumer rights:-
http://www.moneysavingexpert.com/shoppi ... s-exchange

Devastazione2

What is wrong in not revealing us the bike manufacturer ? All black and carbon chaninstay gotta be a high end model too...

mrtn

Do you have more photos of the crack from different sides? From this side it looks almost like a clean cut through paint. I think I have the same bike, by the way.

forest2003

I don't want to name the manufacturer as I don't want any biased views from fan boys or haters jumping on the band wagon. It is a high end xc race bike. This is the only other pic I have

rockmonkeysc

It's a Canyon then!

poah

so its a canyon lux then - makes no difference to the warranty claim. unless they have the bike to look at the can't possibly claim that its your fault.

superkenners

Canyon are the only people who scan frames too, so you should have got there without a picture!

I thought they scanned all frames as a matter of course, so I would assume they already have a scan of the frame before damage?

I have only heard bad things about Canyon and wasn't too impressed with replies I got to questions when I was looking to purchase. So in the end avoided them and glad I did. I would guess you have to really persist with them to get the result you need. Buy given cost of Lux worth doing so.

For completeness this is there warranty, I would think the onus is on them to prove its not defective......

7. WARRANTY, GUARANTEE, RETURN POLICY
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects.

(2)We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.

(3) If the remedy (supplementary performance) pursuant to Section 7 fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.

(4) The statutory warranty is valid for two years from the date of delivery. In the case of used goods, which have been examined or maintained and reconditioned, in accordance with the manufacturer's specifications, the statutory warranty is valid for a period of one year, if the customer is the end-user.

(5) In addition to the statutory warranty, we voluntarily grant for 2008 models and onwards an extended guarantee of 6 years in total from the date of purchase (5 years for all models prior to 2008) for Canyon frames and Canyon forks on road and triathlon machines as well as on mountainbike frames, excluding bearings and shocks as well as damages to the paintwork/anodisation.

(6) Without any limitation of the statutory warranty rights of the Customer, our voluntary guarantee is subject to the following additional conditions:

(i) The guarantee does not cover damages caused by inappropriate or unspecified use according to the fields of use for the particular product as described on our website, as for example


neglect of product (lack of care and maintenance);
modifications to frame or fork (for example engravings or lacquering);
mounting and alteration of additional components that were not expressly approved by us or replacement of our original components by components that do not have a similar quality;
crash;
excessive load;
jumps; or
excessive loads of any other kind.


(ii) We reserve the right to repair damaged frames and forks or replace them with a new model.
(iii) In the event that it is necessary to change frame and/or fork we will replace them in the original colour subject to availability. Should the original colour no longer be available, it may be that there are deviations from the original colour.

(iv) Guarantee rights are limited to the aforementioned and any additional incurred costs (such as
assembly, transport, etc.) and additional costs for assembly or material due to a model-change are not covered. Within the framework of our voluntary guarantee, the Customer shall bear these costs.

(v) Our guarantee is valid and only for the original buyer of the product.

(7) Besides the statutory revocation right, of which we will inform you separately, we voluntary provide for our customers a 30 day return policy. The 30 day period starts once the customer receives the goods and is complied with by return of the goods to us within 30 days. The statutory revocation right remains unaffected.

rockmonkeysc

The frames may be scanned at point of manufacture but there is no single scanning method which will show up all forms of defect.

forest2003

posted my letter to the credit card company today holding them jointly liable under section 75 of the consumer rights act. Getting nowhere with the manufacturer. I have asked them to strip the frame down and send my parts back.

mamba80

forest2003 wrote:

I certainly did pay by credit card and I intend to pursue this avenue next. Could you tell me a few more specifics about your case with the wheels? Were they refusing to change them?

in my case, Merlin refused to fully warranty a faulty brake track on some c35 carbon tubs,and despite a 3yr warranty on Dura Ace products, said they d only part refund as i d had 2 years use, once the CC provider got involved (Halifax) i got a full refund and an apology,
In no way would Merlin replace as Shimano had stopped making the 10sp C35 and would not give me a set of the 11sp versions, which i wuld have been happy with.

i guess in your case, Canyon are saying the stay was hit by a rock? so why should they pay up?

though tbh i am surprised, because when my Canyon Grand Canyon SLX developed a frame seat tube crack, they were right on it and sent me a new frame within a 2 weeks, a replacement frame to them is peanuts, bad PR like this gold dust to Canyon haters.

i think you ll get what you want, Canyon are not in the same league as a corporate bank, with their access to a fully funded legal team.

poah

forest2003 wrote:

posted my letter to the credit card company today holding them jointly liable under section 75 of the consumer rights act. Getting nowhere with the manufacturer. I have asked them to strip the frame down and send my parts back.

under EU law they have to prove that it wasn't their fault - keep on at them.

Devastazione2

Ooooh....it's a Canyon,it's no suprise of them telling you " you broke that " then,it's typical of Canyon. Glad I sold my Spectral in time last year before cracking the chainstay, it took a friend of mine 3 months of litigations to have the chainstay replaced under warranty for its Spectral.
About the scanning Canyon makes : that does not prevent cracks at all.. :roll:

Briggo

I can see why they're refusing based on that photo.

cooldad

Mate of mine who is chunky and absolutely hammers his Canyon Nerve is getting a new frame after two years, no hassles, no arguments.
Taking a bit of time, but was agreed instantly they saw it - he took it in to the UK agent.

larkim

Superkenners wrote:

For completeness this is there warranty, I would think the onus is on them to prove its not defective......

7. WARRANTY, GUARANTEE, RETURN POLICY
(1) In the event of a defect of the delivered product[snipped].........

It's irrelevant what their warranty says. Their warranty is *in addition* to the statutory rights that you have as a UK and EU consumer under the legislation that has previously been quoted.

Their warranty cannot reduce those statutory rights.

As I've posted earlier, you're in the 6 month window where the statutory rights are weighted in your favour. Use them!

forest2003

Briggo wrote:

I can see why they're refusing based on that photo.

ok, how could it have happened then?

cooldad

Fallen off and whacked on a big rock or something.

forest2003

With no other marks on the entire bike? Not even a buckled wheel? Seems unlikely that the only thing to hit the ground/Rock is the seat stay. Bearing in mind that the seat stay is behind the crank arms. In addition if u look at the scratches that are claimed to be the cause of the failure, they are all coming from different directions. Surely a single impact would have scratches going in just one direction?

rockmonkeysc

I've dented a frame without any other marks on it. I fell off and one rock on otherwise grassy ground dented the top tube. If I saw that seat stay damage as a warranty claim, I'd assume something similar happened.
It really looks like an impact whether that's what happened or not.

forest2003

ok so let's say that miraculously that was the only thing to take a whack during a fall and completely missed the crank, pedal, my leg, etc how do you explain the scratches? As I said before one fall/impact would surely have all the scratches going in one direction not varying in length and direction?

Herdwick

There is no point arguing with anyone here, use your arguments where it matters, you need a frame and only canyon/whatever brand can supply you with one

forest2003

Herdwick wrote:

There is no point arguing with anyone here, use your arguments where it matters, you need a frame and only canyon/whatever brand can supply you with one

I'm not trying to argue, just trying to get a feel for other opinions, as to me when you look at the details of this case it is ambiguous at best and surely the benefit of the doubt should be with the customer. Especially with the frame being 4 months old.

I bought another bike from this manufacturer(a hard tail) only 12 months ago and have spent over £4000 with them in the last year. You would think customer loyalty would also have an influence on something that is not clear cut....

bluemoon81

I get what happened but can't understand why you would continue to ride for 7mins with the rear tyre buzzing the frame,surely after checking the axel was tight, the wheel wasn't buckled that there was something seriously wrong!
Are canyon trying it on or have do they know what there looking for from previously damaged frames?

Regards
Chris

forest2003

It wasn't a constant buzz just every now and then. When I initially looked briefly I spun the wheel and everything seemed OK. I just carried on as it was a nice gentle grassy down hil, didn't really need to pedal and figured I would inspect at the bottom, near the car park. Broken frame was the last thing on my mind.

forest2003

They are obviously trying it on as they obviously don't know what their looking at it or they'd know it's not been crashed, simply because it hasn't been.

spankwilder

They'll look for impact damage to void the warranty. If you have any abrasions, dents or repairs in the area of failure, the warranty will be rejected.