My New Bike Is Broke ! I Dont Get It ????

[GrumpyGregry]

a quick google of 'cube frame crack' reveals that our friend is not alone in HT MTB cracking frames from that brand.

a bad batch perhaps. It happens to the best, even Condor.

 

[DrSquirrel]

Just the brand?

What about specalized frame crack? giant frame crack? I'm pretty sure you will find examples for all of them.

 

[GrumpyGregry]

Just the brand?

What about specalized frame crack? giant frame crack? I'm pretty sure you will find examples for all of them.

but we aren't worried about all of them. this discussion relates only to cube.

I did not mean to imply their frames were more or less likely to crack or were more or less of a quality product than other mass market frames.

 

[Rob3rt]

but we aren't worried about all of them. this discussion relates only to cube.

I did not mean to imply their frames were more or less likely to crack or were more or less of a quality product than other mass market frames.

Thats not DrS's point I dont think. I think his point is that most manufacturers will have the odd frame fail, its inevitable really, so searching for the brand only isnt very indicative of anything. You would need models and dates in there for the search to be particularly meaningful.

 

[Moodyman]

Gaz - you're too heavy for the bike, need to lose some more weight.

Seriously though, as others have said, it looks like a straightforward warranty replacement.

 

[gb155]

Quick update

A new frame was shipped out from Cube Holland yesterday, now, normally I would have said "No" gimme a new bike, it being so new and all, but im Pretty much desperate, so I said "Great Thanks" LOL

Should have it returned to me by weekend.

 

[GrumpyGregry]

nothing in your legal rights or contract requires them to give you a new bike, they have to sort the old one. if they give you a new frame you can expect the shop you bought the bike from to have to transfer all the components foc unless you fancy doing it yourself.

a word of caution... double check EXACTLY and preferably in writing what the warranty status of the/any new frame is. If you put your bits on you'll almost certainly have NO warranty at all, and some manufacturers, or their distribution netwarks, are you listening Specialized?, may argue the second frame has no warranty on it at all and/or that it runs from when you bought the bike.

 

[oysterkite]

nothing in your legal rights or contract requires them to give you a new bike, they have to sort the old one. if they give you a new frame you can expect the shop you bought the bike from to have to transfer all the components foc unless you fancy doing it yourself.

a word of caution... double check EXACTLY and preferably in writing what the warranty status of the/any new frame is. If you put your bits on you'll almost certainly have NO warranty at all, and some manufacturers, or their distribution netwarks, are you listening Specialized?, may argue the second frame has no warranty on it at all and/or that it runs from when you bought the bike.

 

[oysterkite]

I'm pretty sure that if its not fit for purpose you are actually entitled to a full refund (sale of goods act n all that) if you wished, depending on time elapsed since purchase, rather than a replacement (as your statutory rights have been breached)although it sounds like you are happy to have the frame replaced, good luck either way

 

[Mad at urage]

Many years ago I bought a custom 'bike from a small but well-known maker. After a couple of weeks and on the first time I'd used it "seriously" (i.e. to go two miles down the local shps and back, rather than round and round in the close whilst setting up saddle, brakes etc), the steering stem broke at the bottom of the thread. LBS reckoned it was too deeply threaded, I had no confidence in a frame maker who would do that and wanted a refund, which was refused.

To cut a long story short, I took it to small claims court, saying it was unfit for purpose: Court decided that as I had ridden the bike and kept it for two weeks, I had effectively accepted delivery and was not entitled to a refund . I could accept a repair if I was so minded but (!) they found it perfectly reasonable (given the nature of the failure) that I had no confidence in any repair by the maker . Court asked the maker whether he didn't feel obliged to compensate me for what was in fact a 'non-bike'; he didn't, again offered a repair . Court said that the ownership of the bike was mine, repeated that I was not entitled to a refund but ordered the maker to pay compensation (because I had paid for a bike and effectively didn't have one now). Said compensation just happened to marginally exceed the cost of the 'bike (covering my costs too).

Finding your way to satisfaction through the law can be complicated, but occasionally rewarding.

 

[JamesAC]

It's not the fault of the shop that the bike is broken or the fault of the manufacturer. It's just one of those things. Replacement is a nuisance but should be straight forward. Do not ride the bike at all, it is not safe

But it is the duty of the shop to sell goods that are fit for purpose. See the Sale of Goods act.

If a customer is sold goods that are not fit for purpose (eg a bike that falls to bits after a couple of months) his claim lies against the vendor, not the manufacturer.

 

[GrumpyGregry]

Whilst SoG Act overrides any other contracts between the buyer and the vendor it isn't always the best, easiest, most straightforward way to go when something breaks. In theory, if everyone acts with goodwill then warranty is there to protect everyone; problems arise when the goodwill is not present or, more frequently, when one or other party suspects it isn't. (often there is a lack of goodwill between lbs and distributor and/or manufacturer)

If you went to, perhaps had to go to, court to enforce your rights under the SoG Act the judge would want to know what steps both parties had taken to resolve the issue before it got to that stage, and would be looking to see that each party has acted reasonably. The question would be asked "Why did you not accept the replacement frame under warranty when this places you in no worse position, and some would argue in a marginally better one, than you were in just before the frame broke?"

 

[Banjo]

After such a short time I cant see it being a problem.Its the lbs responsibility as you bought it from them.Hope they sort it out rapidly for you.

 

[GrumpyGregry]

After such a short time I cant see it being a problem.Its the lbs responsibility as you bought it from them.Hope they sort it out rapidly for you.

some may recall this thread where Condor were replacing busted frames from a 'dodgy' batch long after the bike was purchased.