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Stravs
Ridden
Joined: Nov 03, 2005
Posts: 173
Location: Ashburton
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 Posted: Tue 1st Jul 9:53pm Post subject: Harden Up Or Valid Claim? |
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Hi there,
Need some of your thoughts regarding an issue with a friends bike.
He bought a brand new ($5000) reputable brand full suspension bike a couple of months ago from a reputable chch store.
Just before the first service (about 1 mth/ 200km) we noticed that the rear brake hose had been routed incorrectly causing serious wear digging into the alloy on the rear suspension arm and the bottom bracket. quite deep in places.
We have been looking at heaps of photos on the net and all others have been routed like the pictures on the manufacturers website.
Here is the problem, the damage is caused by wear and tear, but the brake hose was incorrectly fitted from the shop/distributor.
The shop fairly much said it was wear and tear and to harden up and go away.
Does he have a leg to stand on for a replacement frame or compensation?
Or is it just a case of an expensive lesson learned, and harden up!
Thanks
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Wobbler
Mangled
Joined: Nov 21, 2005
Posts: 13,236
Location: doing a skid
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| Posted: Tue 1st Jul 9:54pm Post subject: |
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How deep? like 1mm+?
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Oli
Mangled
Joined: Aug 03, 2005
Posts: 32,300
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| Posted: Tue 1st Jul 9:57pm Post subject: |
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If it was incorrectly fitted by the shop he has every right to get it sorted at the shop's expense.
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musket
Mangled
Joined: Sep 28, 2002
Posts: 8,705
Location: Transient
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| Posted: Tue 1st Jul 9:58pm Post subject: |
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Replacement frame is asking too much if it's not failed.
If it's a worry, and appears structural, you could take some high res pictures (use macro) and write a short description (like what you have here). Then send this to the wholesaler.
It means that should the frame fail, you can show that it wasn't your fault.
What's the warranty on the frame?
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MattV
Chill'n down with the fire gang
Joined: May 29, 2005
Posts: 9,624
Location: New Plymouth
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| Posted: Tue 1st Jul 9:58pm Post subject: |
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I spose you could check with the manufacturer for the recommended routing. It would come under faulty installation wouldnt it
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t8500
Dusty
Joined: Nov 10, 2006
Posts: 126
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| Posted: Tue 1st Jul 9:58pm Post subject: |
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don't trust anyone, check it if you didn't do it yourself, ring the distributor if the shops not helping!
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chalky
Wrecked
Joined: May 01, 2006
Posts: 5,929
Location: Timaru
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| Posted: Tue 1st Jul 10:39pm Post subject: |
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Name to shame, sounds like the bike shop people are being kcids about it
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Stravs
Ridden
Joined: Nov 03, 2005
Posts: 173
Location: Ashburton
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| Posted: Tue 1st Jul 10:49pm Post subject: |
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Cheers guys,
Dont want to name and shame just yet, just want a suitable resolution.
No failure yet but im sure it has affected the strength.
Bottom bracket is prob 1mm deep and the suspension arm has a noticeable grove in it.
The frame has a limited lifetime warranty on the frame (manufacturers defect) and one year for the components-to the original owner.
We were thinking of going higher up the chain than the shop, but were not sure on how to contact the distributor. Whats the best way? email or phone?
May have to do a friendly email to the distributor.
Thanks again.
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Oli
Mangled
Joined: Aug 03, 2005
Posts: 32,300
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| Posted: Tue 1st Jul 10:59pm Post subject: |
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Most wholesalers are easily found in the phonebook, but you need to know which brand is wholesaled by who - what brand are you talking about?
Really you need to ask the wholesaler what the next step is NOW, before any chance of failure that can be disputed.
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jeremyb
BRAP BRAP BRAP BRAP
Joined: Jan 12, 2003
Posts: 32,882
Location: Derailled
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| Posted: Wed 2nd Jul 6:55am Post subject: |
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Its the shops problem not the distributor, you need to talk to the consumers institute and get an opinion on what to do next 
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Slim
Mangled
Joined: Aug 15, 2003
Posts: 16,542
Location: Opawa
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| Posted: Wed 2nd Jul 6:57am Post subject: |
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surely that would come under faulty workmanship.......
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Jim
Joined: Aug 30, 2004
Posts: 1,866
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| Posted: Wed 2nd Jul 7:15am Post subject: |
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Did the shop in question fit the brake hose in that location or was it there all ready, when it came out of the box?
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Spokes
Wrecked
Joined: Nov 13, 2005
Posts: 5,258
Location: Skyway
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| Posted: Wed 2nd Jul 7:46am Post subject: |
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It would be uncommon for a shop to need to move the rear brake hose during assembly of a bike. But at the end of the day the Shop is covering your warranty on the bike maker. You need to climb in to the shop and discuss with them that you will take it to court or fair go. then something will happen.
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CrustyMTB
Wrecked
Joined: Jun 20, 2004
Posts: 4,587
Location: Back in the Hood
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| Posted: Wed 2nd Jul 8:24am Post subject: |
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Cosumer guarantees act, the bike plainly wasn't sold in a state suitable for the use intended. The shop doesn't have a leg to stand on from a legal standpoint.
I would write a letter (or e-mail) the shop explaining what happened and including photos, using these exact words "the bike plainly wasn't sold in a state suitable for the use intended." and cite section 6(2) Consumer Gurantees Act 1993. Send a copy to the supplier.
If they don't respond they are idiots...
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ThingOne
Flogged
Joined: Mar 05, 2007
Posts: 2,165
Location: 172.20.0.151
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| Posted: Wed 2nd Jul 8:30am Post subject: |
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Me personally, would stick to my guns and demand a replacement frame.
My argument would be that this damage to the frame caused by incorrect installation will affect the resale value of the bike in the future and is a potential safety issue.
The consumer guarantees act protects you from this type of thing.
Why should you have to have a damaged frame on a new $5k bike because the bike shop screwed up!. Obviosuly the bike shop isnt keen as they are in the gun for this mistake and cant pass the cost onto the distributor.
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