Right,

I’m going to contact the seller, but before I do I wanted to get a concensus of opinion so that I’m fair and just in what I write and ask.

I bought a carbon road bike fro ma chap off here a couple of weeks ago, which is pitched as mint condition.

Due to Parcelforce the bike was sent to the wrong depot and ended up being delivered 5 days late – and being processed in and out of depots.

The bike arrived this morning, the outside of the bike box had a axle poking through, with a t-shirt covering part of the cassette – when recieved the stores chaps marked it down with Parcelforce as damaged.

On opening the box, the wheels were covered with a shirt and some t-shirts.

The other end of the axle was pressing up against the downtube, and has scratched a good amount of lacquer off the frame, and there is a fracture in the paint about 2cm long.

Apart from this the bike looks ‘mint’.

The downtube looks a mess, I’m worried that the frame is now only worthy of the bin.

My thoughts are that the bike would have *probably* been OK, if it had been handled carefully by Parcelforce, but it looks like it had been stored underneath other boxes.

But if I were parcelforce I would be claiming that the bike was inadequately boxed to begin with.

Opinions from the forum users?

Is there something I should be looking out for on the frame to tell if it’s a complete failure? except massive blood loss….

Would the manufacturer cover this from a warranty point of view – even if it is misuse, if the original owner claims?

Whenevr I’ve sent frames, escpeicially carbon – I’ve used loads of bubble wrap, and insulating foam, and would never even think of putting a wheel axle up against any tubes.

Cheers Chaps,

Ricks

There isn’t much you can do about it not being properly boxed.

Is he Scottish?

prepping the pitchfork now, name and shame 😈

i think this i s abit of a grey area with posting stuff off the classifieds, if i buy from a shop i think it is the the shops responsibilty until the goods get to you, therefore if they arrrive damaged i woudl retunr them and they can sort out he claim against the courier. i don;t know how it stands with deals on the classifieds.

Name and shame isn’t going to help, obviously dependant on the response I will post a response so that STW members stay protected.

STW operates on goodwill and the decent actions of its members. I’ve accepted items back if they have not been up to the standard expected, and offered compensation in some cases too.

My thoughts are that the bike would have *probably* been OK, if it had been handled carefully by Parcelforce, but it looks like it had been stored underneath other boxes.
But if I were parcelforce I would be claiming that the bike was inadequately boxed to begin with.

Either way it’s not really your fault, and possibly not the sellers. I would refund the cash and take it up with parcelforce myself if I’d sold you it.

Presumably this ad then?

Pics of the damage needed but if it’s anything more than superficial damage to the carbon then it’s going to be very hard to say for sure if it’s been damaged to the point of being unsafe.

Would the manufacturer cover this from a warranty point of view – even if it is misuse, if the original owner claims?

No chance! Warrantys cover manufacturing faults, not misuse.

It does sound like it was underpackaged though. At a minimum I’d have put lots of cardboard between anything that could contact hard:hard – eg axle to frame.

Either way, it’s the seller’s problem really – it’s up to them to chase parcelforce or to refund/whatever you.

“i don;t know how it stands with deals on the classifieds. “

The same applies, its the senders responisbility to ensure safe delievery.

So if its damaged i’d just send it back, but package it properly.

I’ll get some photos taken for the folks/engineers on here to peruse over. I dont want to uneccessairly be worrying, but in the same vein – i dont want an aortic laceration, cased by shards of carbon fibre.

looks like i’ve saved myself a bit of a faff by being too slow to that one 😉 was a bargain though…

You could always contact the Scottish seller first rather than raising the STW mob. That would be the right thing to do. Getting everyone to ‘gang up’ on him is just plain rude. Take it away from the forum.

This is a little complicated. There is a contract between you and the seller. There is a contract between the seller and the courier. You (probably – bu t see below) have no contractual relaitonship with the courier.

The sale of goods act and related common law govern (1) when title (legal/equitable ownership) to the frame passes and (2) when risk (who takes responsibility( in the frame passes.

You essentially only have a “claim” against the seller. You need to be clear what you agreed with the seller. If you did not agree anything specific in relation to the passing of title and/or risk, then the implied terms of the SGA and common law come into effect.

Broadly, title in the frame will have passed on payment (i.e. before it was sent) and risk would have transferred at the same time. In other words, even before it was posted, the frame belonged to you and you were responsible for it. Yuo might be able to claim that the responsibility for damage in transit still rests with the seller, but the law is largely against you.

You could argue that the frame was held on trust by the seller and that the seller, in agreeing to post it, had to take reasonable steps to package it properly. You need to determine whether the way it was packaged was reasonable – i.e. normal practice when posting a frame.

You could also pitch in against the courier company on the basis that (1) they owed you a duty of care to deliver your items safely and without damage (assuming the frame was properly packed) and/or (2) while the contract for the delivery of the frame was entered into by the seller, actually he was acting as your agent (as you were the owner of the frame).

Contact the seller and see if you’ll get a refund. If that doesn’t work, go after the courier company. If that doesn’t work, claim on youtr house insurance (assuming your property is insured away from the home).

In future, make sure you’re perfectly clear when buying expensive s/h items when title and risk transfer between seller and buyer.

I completeley agree, I just wanted a general concenus of action so that I’m totally fair with the seller.

The seller hasn’t been underhand, or anything like that. It’s not as if he has sold me a Mojo and sent me an Apollo. It’s just a lack of packaging, and an unfortunete passing around of the bike from depot to depot by Parcelforce.

I’d urge anyone not to shy away from buying from the seller.

Damn I really wanted that bike too! 🙂

TooTall – Member
You could always contact the Scottish seller first rather than raising the STW mob. That would be the right thing to do. Getting everyone to ‘gang up’ on him is just plain rude. Take it away from the forum.
POSTED 5 MINUTES AGO #

+1

keep the packaging – if anyone makes a claim of Parcel Forcxe they will ask to see how it was packed.

If they think it was inadequate they can refuse the insurance claim.

Doesn’t mean the OP shouldn’t get his money back but it coudl leave the seller out of pocket.

Would also depend if the seller had insured the frame upto it’s true value or not.

OK, cheers chaps. End of discussion.

Seller is as far as I can see a stand up chap, sent me the bike in a timely manner.

Dont be disuaded from buying from the seller in the slightest.