If the goods are deemed to be faulty? i.e. You dont feel that you could 'trust' the item again. (UK bought <1 months use)
of course.
What is it?
Google for sale of goods act. That is basically your right subject to it being reasonable.
Changing your mind is not enough reason. the product must be "unfit for purpose"
google 'fit for purpose'.
I had a truvativ chainset that the non drive side arm would never stay tight on. Eventually it gave up the ghost and the threads stripped. Sent it back to CRC and they offered me a replacement or vouchers to the value of the chainset. I took the latter and bought a Deore HTII as i didn't really have any faith in the truvativ fixing method, so it can be done.
I'm sure there is a basic requirement that the goods be fit for the purpose.
I'd take them back.
Have you broken that dildo saddle already? 😀
Related question- is there an easy way to remove lacquer?
Are you saying you have not in fact broken an i-beam seatpost but the reports of failure on here have rattled you, by any chance?
🙂
Who's deeming it faulty? Is the particular item broken? Removing lacquer I would think would invalidate any warranty - although this shouldn't effect a product on recall.
Related question- is there an easy way to remove lacquer?
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😕
Is the item actually faulty or have you read something about the item that's made you scared like a big girl and you want to send it back after you've used it?
Bike frame- crack in seat tube and potentially another area of concern. Its not 'lacquer'. Lacquer doesnt split with 'steps' 1-2mm especially if you can scratch off the surface lacquer easily with your nail. The photo doesnt do it justice- there is a clear step (and gap). The line starts at the weld point and trust me tucks its way inside the Qr dropout the other way as well. My point? I dont think I'd trust (or want) to receive a replacement TBH.
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is that really less than a month old? it doesn't look it from that little piccy!
anyway, if it's broken within a reasonable time cos it wasn't fit for the purpose sold you get a replacement, if not you don't. where's the confusion?
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You can see where the lacquer has been rubbed off by the QR (interms of depth). That crazy line wasnt there before being built up. I dont want a replacement- two failures. I'd rather they kept it TBH than see another one.
its not likely to be more than a month old with Hora, he switches bike every week
Send it back.
BTW was that photo taken at Danny La Rue's house?
its not likely to be more than a month old with Hora, he switches bike every week
Aye and Im hardly Steve Pete. I've identitified 'two' seperate faults, hence I dont want to see another one.
Well, that looks broken. If you don't want a replacement then ask for a refund.
Don't see the need for mystery in the begining ot indeed the need to remove lacquer.
No need to get Old Testiment on the supplier. Just return frame with a letter explaining the reasons for return and the requirement of a refund.
I've always thought the way a company deals with 'problems' is far more indicative of if they're any good and worth repeat business.
Genuine crack in seat tube? - send it back
That photo looks like lacquer problems.
Do not take the lacquer off.
Have you had a look at the sale of goods act? [url= http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html ]Guidance and links[/url]
Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
Are you a reasonable person tho? 😉
From waht you can see from that pic it does look like laquer cracking to me - not the metal, It would be a very strange place for metal to crack along a plate rather than accross it.
However cosmetic defects are covered as well. You do have the right to your money back but you might find this rather hard to exercise.
What has the retailer said? If you really want your money back you need to go to the retailer armed with all the facts from the Sale of goods act and be prepared to use the small claims court.
what frame is it
The mark on the dropout was always there, if you didnt like the finish on that frame you shouldnt have built it up. If you have a definate crack in the seatube thats another matter but if its a poor finish mark on the frame similar to the dropout, not sure how you will stand now its been built and used. (all assuming you bought it as just a frame)
If you bought it as a bike and didnt spot the rather nasty finish until tinkering time, then maybe you have a grumble...
I [i]do[/i] like your cushions.
And that doesn't look great to me. Isn't the dropout a cast part though?
Tinsy- it wasnt there before building up. Its fractured along post-ride. Theres also a step down between above the crack and below of circa 1- 2mm. Thats not lacquer. Allover the frame you'll find 'dark grey' where the lacquer meets the welds- thats its finish. Thats not disputed. Ive seen lacquer lift/crack/flake before. This isnt the case. You can use your thumb nail to clearly measure and feel the gap.
More important than the frame- those arent my cushions! Its protection against our westie.
They look like cast dropouts - is the line not the line of casting flash from manufacture, not a crack? If that's the case, its a bit ropey, but certainly still fit for purpose. If it is a crack, I'm struggling to think of a loading mechanism that would cause a plat of that size to split in-plane, rather than through thickness.
Seat tube crack is, possibly, another matter entirely.
Looks like a Summer Season
Just to clarify the sale of goods act, you have rights if it is not fit for purpouse. But it is not your choice on how the repair/replacement/refund comes. So they can turn round and say you have to take a replacement frame, as the one you have is faulty. If you turn down their "reasonable offer" they can then tell you to sod off and give you nothing.
But i agree with you thats not correct on a 1 month old frame.
take it back to where you bought it from.
If you turn down their "reasonable offer" they can then tell you to sod off and give you nothing.
Thats how I read it too.
But is this not a replacement frame already? In which case it's reasonable to reject a second replacement frame or indeed repair and expect a refund.
Nope- this is bought direct/first only frame.
Mis-understodd some posts.
Turnip - I don't think your right. I think its the purchasers choice
If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
From the Berr site
From the first pic i didn't think it was a crack but in the second you can see it inside of the drop out where there is no paint. I would surggest that it has been caused by inperfections in the metal itself and unlikly to be replicated on another frame. Have you any pics of the seat tube?
Infact I am sure you have the right to a refund if the goods are not fit for purpose
if the goods are faulty, incorrectly described or not fit for purpose, then [b]you are entitled to your money back [/b](provided you act quickly), and you certainly don't have to take a credit note
Retailers will often try to get out of this as it is an onerous obligation, telling you they have 3 attempts to repair and 3 months to do it in or that it has to go back to the manufacturer. However the law is clear.
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The 'graze' on the seat tube- isnt a graze, its a rub-arc from the from the outer from point-to-point. Its not clear on the pic but is in person.
Hora, now I only have these picures to go on, but it looks like the paint/laquer whatever has been put on top of a badly finished dropout, you can see the same marks on the inside of the dropout. If it has happened since building (an it doesnt look like it), then its the paint lifting off the metal and not the metal cracked, can you flick or pick this loose paint/laquer off?
Got any pictures of the seatube crack?
Again I only have these images to go from but it just looks like a poorly finished frame to me.
The seatube looks bad...
can you flick or pick this loose paint/laquer off?
Yes. The frame has a naked finish- no paint at all. The edges of the 'ridges' are metal not lacquer. If the cracks were lacquer you'd be able to pick away and there wouldnt be a crack. Its the edges of exposed metal underneath.
Got any pictures of the seatube crack?
Very difficult to shoot with the finish/camera etc (as you can see I wouldnt do well shooting weddings etc)
A note. As on another thread I commented on last week. MTB frames can fail from time to time anyway- no one with the best will in the world can have a 100% record. So I am not inferring anything negative/derogatory etc- I know no one has asked or its been implied- just want to state this. 🙂
The seatube looks duff, thats your return right there......
Maybe its your pictures of the dropout, but it looks like the machine that burnt the dropout out of a sheet of metal wasnt setup right and there is slag or just a crap edge on the part (the step) thats been laquered over to me, it appears to be quite even allaround the dropout, not seen any metal crack down the middle and then one side grow 2%..
What kind of frame is it? Looks like somethng knocked up in junior school metalwork classes to be honest.
Sending off now. Just couldnt be 'bothered'/hassle of sending it off. You know, having to bring it into work/tape it up/box and arrange collection etc. Just seems hassle (sounds daft I know).
cheap taiwanese frame in early fail shocker.
the manufacturer even admits they are cheap and cheerful.
but its steel. get it welded and wear the scar as a badge of honour.
Theres surely really no problem , well sort this out for you . The raw lacqueer look is definitely very industrial
and without seeing the issues close up its hard to see, but if its only a month old or just over then cant see how wed not refund you (assuming you havent ridden into a tree or anything silly)
Just get in touch ,if your not happy and dont want a replacement thas fine , can probably get it collected .
If you wanted a blue painted 456 . summer season , refund all ok , cant stretch to a ti 456 though .
Mail me at
dave@planet-x-bikes.com
