Could I get a replacement bike?

[Leodis]

Hi,
I picked up a Cannondale Badboy on the cyclescheme from Evans a couple of weeks ago. Due to the whether I have just started riding it and noticed a chip out of the paintwork, the downward tube is slightly dinted where it looks like someone has had a bottle cage and the crack plugs have both fallen out. I have used the bike for about 17 miles so far but looked after it.

Do you think its unreasonable to request either a replacement?

Thanks in advance

 

[Camrider]

Do you think its unreasonable to request either a replacement?

Or what?

 

[MattHB]

I would phone Evans and tell them what you've said above. I'm sure they'd help out.

 

[Leodis]

Well I went to store and the story line was "Prove it was us or how can we prove it wasnt you?"

The took a picture and will contact Cannondale. Not sure if its meant to be there for a cage but seems odd.

 

[Cyclist33]

Not sure if the Sale of Goods Act applies to Cyclescheme although I should think it does. Under the Sale of Goods Act, then *any* defect - however minor - is deemed to be inherent if reported within the first six months of the purchase. The burden of proof is on the supplier not the buyer. So if the store is telling you to prove it was them, just refer them to the Sale of Goods Act and say "no, prove it wasn't you". They'll replace the bike as it'll be cheaper for them than trying to prove it wasn't them (which they won't be able to do anyway).

And your contract is with the supplier, ie Evans, so don't let them get away with saying "we'll see if Cannondale will cover it on warranty" - it's Evans's problem, not Cannondale's.

Evans are a pretty good bunch so hopefully it won't come to all that. But if it does...

Stu

 

[MattHB]

It would apply, as the bike has still been bought. Trouble is with Cycle scheme is that you're technically not the owner until the end.

 

[Leodis]

I called the main Evans number and they are calling the branch manager and will call me back...

Thanks for the advice, will keep you updated

 

[DCLane]

I called the main Evans number and they are calling the branch manager and will call me back...

Thanks for the advice, will keep you updated

Is it Evans Leeds or Castleford? IME Castleford are a waste of space but Leeds have always been great.

 

[Leodis]

Leeds... The lads in store were great no problems there and I can understand where they are coming from.

I spoke to customer relations who are sticking by the store who claim it wasnt there when I picked it up. Other than mailing their MD there is little I can do who will no doubt stick by their staff.

The stupid thing is I had ordered a Cube Hyde SL from a lbs but cancelled when the "Buy a 2012 bike and get £120 worth of kit free" offer came about and so ordered the badboy. The Cube would have been more practical and better looking, I was just worried about getting it home and about warrenty issues with the LBS been very out of the way.

Lesson learnt, always fully inspect bike on pickup and if their is a fault get it back to the shop asap.