Crack in frame what would you do

02gf74
02gf74 Posts: 1,168
edited August 2018 in MTB general
Let's say you bought one of those Chinese carbon fibre 29 frame and after deciding not to build it, sell it on ebay (unused).

About 2 months later the buyer contacts you to say he went down some steps and when home, noticed the top tube has a crack about 6 inches from the seat tube.

What would you do?

Comments

  • CitizenLee
    CitizenLee Posts: 2,227
    It's one of the risks of buying used, plus anything could have happened in the 2 months since you sold it.

    I'd politely tell the buyer there's nothing you can do.
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  • 02gf74
    02gf74 Posts: 1,168
    Of course this is all purely hypothetical but if it wasn't, it would be exactly like that photo, thanks for finding that.
  • shirley_basso
    shirley_basso Posts: 6,195
    2 months? Very bad luck, sadly.
  • JGTR
    JGTR Posts: 1,404
    The original purchaser could try and make a warranty claim? Send the pics off or raise a claim with PayPal/credit card....nothing to lose.

    But bottom line is second hand frame, 2 months later....just bad luck, it’s a risk you take.
  • cooldad
    cooldad Posts: 32,599
    They'll probably want it sent back to China for investigation.

    I'll never understand why people will risk their lives on unknown quality Chinese tat.
    I don't do smileys.

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  • slc123
    slc123 Posts: 407
    Definitely no come back here, 2 months. The risk you take!
    Cannondale Trail 27.5 | 2015
    Titus El Chulo 27.5 | 2017
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  • FishFish
    FishFish Posts: 2,152
    I think that the law is in the buyers favour. It should be fit for use when he bought it from you and the contract is identifiable - you sold - he bought. Up to 6 months it is the sellers fault. After 6 months it is up to the seller to propve it was not. After two years - tough.

    Legislation includes the consumer protection act and the jurisdiction will be the small claims court. It will be settled between parties but you are not going to win. Remember standards of proof will be balance of probability. So if the buyer says I've not done the red bull or something along those lines then that will be believed.

    Your contract is with the seller in China but I don't think they are bound by consumer protection originating in Europe. But if you bought on eBay you might - and if there is an inherent fault then eBay will have a history of claims which is persuasive evidence in your case.
    ...take your pickelf on your holibobs.... :D

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  • The Rookie
    The Rookie Posts: 27,812
    The law applies to commercial transactions not private ones. So great advice for the wrong audience.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • slc123
    slc123 Posts: 407
    I agree with rookie, completely irrelevant to a private transaction conducted over the internet. He can’t prove it wasn’t as agreed, perhaps if on arrival he had seen a crack and reported it he would have some recourse. Again, it’s the risk of buying over the internet privately.
    Cannondale Trail 27.5 | 2015
    Titus El Chulo 27.5 | 2017
    Trek Slash 9 27.5 | 2015 (building)
  • steve_sordy
    steve_sordy Posts: 2,446
    He could have had his seatpost too far out, or maybe he was heavier than the frame was designed for. Who knows?
  • cooldad
    cooldad Posts: 32,599
    Or maybe it was just cheap unbranded sh1t.
    I don't do smileys.

    There is no secret ingredient - Kung Fu Panda

    London Calling on Facebook

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  • larkim
    larkim Posts: 2,485
    A very polite and honest post / reply on STW about this. Aren’t some people just decent and nice!!! Restores a bit of faith in humanity (or at least MTB’ers!)
    2015 Canyon Nerve AL 6.0 (son #1's)
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  • slc123
    slc123 Posts: 407
    larkim wrote:
    A very polite and honest post / reply on STW about this. Aren’t some people just decent and nice!!! Restores a bit of faith in humanity (or at least MTB’ers!)

    Just read the STW thread completely. Definitely agree with the above statement.
    Cannondale Trail 27.5 | 2015
    Titus El Chulo 27.5 | 2017
    Trek Slash 9 27.5 | 2015 (building)
  • veronese68
    veronese68 Posts: 27,570
    larkim wrote:
    A very polite and honest post / reply on STW about this. Aren’t some people just decent and nice!!! Restores a bit of faith in humanity (or at least MTB’ers!)
    Agreed, so much easier when both sides are reasonable.