Hi… Im about to send a frame back to the shop where i had it from for inspection and hopefully replacement by the importer.
While ive had the bike 8 months , its only been ridden 7 times and covered less than 200 miles and so is in excellent condition still ..
Question is . If they replace it with a 09 or 010 model frame, do i have to accept it if Im not happy with the color or the rear shocks a lesser model etc
i`ve looked at this years replacment and too be honest i really dont like the frame , hence the reason i bought the 08 model
Didnt know if there were any rights or laws that protect the buyer ..ie to get a refund or perhaps get a different make and model to replace said broken frame ?

Thanks in advance

If you read the small prints of warranty's it normally says something like colour might not be the same or replaced by nearest model if current one not available.

Yep, as above, you take what you get with warranty frames!

If your name is a clue to the type of bike it's worth bearing in mind that the warranty frames are not always the same as the stock bikes.

You may not get a new shock at all if the old one fits either.

once again. government advice on the sale of goods act

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

there are a lot of laws to protect the buyer – which are onerous on the retailer which means a lot of retailers try to get out of their obligations.

However 8 months old means

After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

IE you have to show it is a manufacturing fault not that they have to prove it was not.

If it is a manufacturing fault then its your choice to replace or refund or repair. However

If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

so if you insist on a refund you might well not be entitled to all your money back

The manufacturers warranty might give you more rights than the legal minimum but you cannot have less rights than defined in the sale of goods act.

Your contract remains with the retailer not the importer. If there is dispute over whether it is a manufacturing fault or not then it is not unreasonable for the manufacturer to be consulted.

Have a read of the advice and see what you think applies. Hopefully the shop will play ball but if not its always useful to know your rights.

Whats actually broken? if it's just the front they might just replace that part and not the rest or vice versa.

Kuco – Member
Whats actually broken? if it's just the front they might just replace that part and not the rest or vice versa.

Its where the top tube and seat tube meet , there a gusset there and the frame has cracked above the gusset
They also want me to send the seatpost as well ,I bet they go down the route that ive had too much seatpost out and thats what caused it , thing is its still got the standard 300 mm post in it and while it was near the limit it wasnt on it or past it

commencal managed to rustle up, eventually, an 06 frame for me earlier in the year so you never know you might be able to get an 08 frame after all.

DM52 – Member
commencal managed to rustle up, eventually, an 06 frame for me earlier in the year so you never know you might be able to get an 08 frame after all

I`m hoping they do , as ive said before i really dont like the newer ones , just abit concerned it may happen again to the 08 frame !
As its a Mongoose canaan , i presume it will be hotwheels the shop will deal with , anyone dealt with them before ?? .. any problems ?

They probably just want to make sure it hasn't been run with to little seat post. I've warranted two frames a SantaCruz bullit and a Cannondale CAAD3 and never had any trouble with either company.