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  • Consumer Rights Advice
  • grantus
    Free Member

    Looking for some advice here re. a warranty claim on a bike part.

    I have had a manufacturer acknowledge that a wheel fault is indeed a warranty issue and that they will replace the wheels without delay as long as I post back the damaged goods. It is only the rear wheel that is faulty however they have said they will replace front as well.

    Problem I have discovered is that when the rear wheel failed (2 spokes pulled right through the rim with nipples still attached and destroyed the rim) the wheel instantly went miles out of true and straight into the chainstay and seized up. At the time it happened I was going uphill so came to a stop within a few yards and didn’t notice any damage. However, on closer inspection when cleaning the bike I have found damage to the carbon fibre of the bike frame where the tyre jammed in when the wheel broke. (which I previously thought was grime)

    I don’t know if it is superficial or potentially more serious than that. It is approx. 1-2mm deep by approx. 10mm wide and about 15mm long i.e. the area of the tyre that came into contact with it.

    I have advised the company of this and await their response.

    Just wondering what my rights are here? Can I claim for the damage to my frame? Best case – it is superficial and won’t affect the structural integrity of the bike albeit my resale value will be hit as it looks quite bad and you hear horror stories of miniscule cracks/damage in CF all of a sudden becoming catastrophic failures without warning.

    Worst case – it is structural- and the chainstay fails on me and some point in the future.

    I would have thought that I would be protected here as a consumer but I am not sure.

    P.S. the manufacturer hasn’t had time to respond yet and so far they have been very good when it comes to the wheels alone but i’m a bit worried they come back and say there is nothing they can do about the frame. Where does that leave me?

    P.S. won’t name the company here as it wouldn’t be fair until they make their decision

    wwaswas
    Full Member

    consequential loss is a tricky one.

    Your contract is witht he retailer – was the bike bought ‘as is’ or were the wheels a separate purchase?

    TandemJeremy
    Free Member

    This is consequential loss and difficult to claim for I believe. NOt a straightforward situation. Did you buy a complete bike? Remember your contract is with the shop and you could have rejected the whole bike as not fit for purpose. I think yo may have lost your opportunity to do so now

    Get teh frame checked and see how bad the damage is.

    consumer direct website for advice

    grantus
    Free Member

    No, the frame is nothing to do with the retailer – just the wheels. (I built the bike up myself from various new and second hand components – with the wheels being one of the new components)

    The incident with the wheels happened last Sunday and I reported it the same day. Retailer then told me within a couple of days they would replace the wheels. (retailer’s own brand)

    I since discovered the other damage yesterday and have advised the retailer today and await their response.

    grantus
    Free Member

    The retailer has been very good re. the wheels issue so far and they do have a reputation for good customer service so i’m keeping my fingers crossed

    nickjb
    Free Member

    I built the bike up myself from various new and second hand components

    I’d say that puts you in a pretty hopeless situation regarding a claim. You will be relying purely on good will from the shop.

    grantus
    Free Member

    Hopeless situation, really?

    Even if the damage is caused as a result of a fault which the retailer acknowledges?

    What does it matter (in the eyes of the law) whether the frame (or any other damaged component) was part of an original purchase?

    uplink
    Free Member

    Before you send everything back, take a load of photos showing how the damage to the frame occurred

    Then, if you really feel you need recompense and the retailer won’t help, try taking a punt in the Small Claims Court

    grantus
    Free Member

    Yeah, hopefully it won’t come to that.

    On the plus side (from my point of view) it is easy to demonstrate that the faulty wheel did indeed cause the frame damage – the damage lines up with the wheel and tyre when the ruined wheel is put back into the dropouts.

    From the retailer’s point of view – they probably get folks chancing it all the time and taking the piss so I’m kind of expecting not a favourable response but we’ll see.

    Major pain in the arse either way – just glad I wasn’t hammering downhill at the time or it could have been a lot worse.

    Cheers. Will let you know how I get on.

    steveh
    Full Member

    If you did it all yourself then the damage to the frame is a consequential loss which are generally excluded from contracts. They can still be claimed and you could try via the small claims court but will have to prove that the wheel did the damage, there was no damage there before, that it could not have occurred through incorrect assembly or use etc. It will be very hard to do!

    Cougar
    Full Member

    Is it insured? Get your insurers to persue it. (-:

    grantus
    Free Member

    Thanks, unfortunately it is not insured with a specific bike policy. I think my contents insurance is for theft, not accidental damage but i’ll check and see – thanks for the tip.

    Of course, if it is all superficial the worst i’ll end up is a few quid down if I ever come to sell it. The trouble is determining whether or not it is superficial 🙁

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