Trek's idea of a warranty.

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skwerl

New Member
Location
London
twowheelsgood said:
Need some of the resident lawyers.

All goods sold in the UK should be "fit for purpose". If you have been riding your bike in the manner it was designed for, you are entitled to "reject" it and demand a replacement or repair within a reasonable timeframe under consumer law. It would be up to the retailer to demonstrate that you broke this through abuse or unreasonable use of the product like riding 100,000km on something that could never be engineered to do this.

I thought all goods sold in the EU were subject to 2 years cover.

I think they are trying to fob you off myself - and it's nothing to do with Trek's warrantee (the frame and they are in my experience extremely good at honouring this) it basic consmer law.

I think it's 5 years but may depend on what you bought. If you pay by credit card you also have certain legal expenses covered
 

twowheelsgood

Senior Member
DLB said:
Fantastic idea if i could get a phone number for them I've searched their website and can only find numbers for dealers......so i've phoned a local dealer and asked him about my situation. He said that he thought it was unusual for a hybrid back axle to break and that he would go with whatever Trek said when the wheel was returned to them. He also said that Trek will lok very carefully (even under a microscope) to see if there was a defect with the part and only if there was a defect will they cover it. I guess with my wheel they found no defect.

i'm not sure what to do now. According to the guy i spoke to compaining to the LBS will be a waste of time. If anybody has a number for Trek please let me know.....

Sorry DLB, I think your LBS is talking bollocks here. If you have the receipt and it say less than 12 months (or possibly 24), TELL them to fix it. Unless you've been freestyling on it or ridden to the moon and back, they are obliged too. If not then mention trading standards. Your Trek warrantee will say somewhere something to the effect that "this warrantee does not affect your statory/consumer rights". Use them. It's no different to a mobile phone or any other manufactured product.

Your axle will probably not even go back to Trek, it'll go in the LBS metals bin, the LBS will eventually be credited the cost from Trek and it will be recorded on a computer. It is a random failure that any manufactured product is prone to (http://en.wikipedia.org/wiki/Bathtub_curve). If they record 50 such failures, they then just may request to look at one, it simply isn't economic otherwise.

I can't believe any LBS worth it's reputation would risk customer good will over something like this. They won't be paying the cost, it'll just be a few minutes hassle for them.

"The LBS couldn't give me a reason for this refusal."

Because "we can't be arsed" is offensive perhaps.
 

Tim Bennet.

Entirely Average Member
Location
S of Kendal
"This warranty does not affect the statutory rights of the consumer."

Bingo!

You have no need to deal with Trek. The shop has an obligation to sort this out. The axle was simply 'unfit for purpose'. If the shop feels they then want to recover their money in turn from Trek, then that's up to them.

Warranties only extend your rights, they don't replace them. An axle breaking in that time is simply the responsibility of the shop.
 
May I wade in? (Ive spent 20 years working in bike shops and am Head of technical services at Company of Cyclists).

As others have pointed out your gripe is with the LBS not TREK. It is up to the LBS to recoup any costs from TREK.

As for the axle damage;
A broken rear wheel spindle (particularly if it is a cassette hub) indicates quite clearly that the frames rear drop-outs are misaligned, a manufacturing problem which should have been picked up both at the point of manufacture and when the bike was assembled in the shop. There have therefore been two failures of quality assurance. Any bike shop worth its salt would have checked the drop-out alignment as part of the PDI.
The resultintg failure of the rear axle will have caused permanent damage to the interior bearing surfaces of the rear wheel. The rear wheel is, therefore, trashed.
Replacing the axle in a factory wheel wouldnt cross the mind of the TREK warranty manager.
It is therefore safe to assume that no conversation regarding your warranty has taken place between your LBS and TREK warranty dept. TREK would simply replace the wheel.
The fact is that the LBS staff simply cannot be bothered to process your warranty; phone call to TREK, box the wheel, walk to the post office.

I suggest that you 'read them the riot act'. Dont piss about, demand a full refund under the sale of goods act. The absolute minimum you should accept is a new wheel exactly the same as the damaged one. You shouldnt accept a new wheel which doesnt match the front either. If they cant match it demand two new wheels.

The LBS is clearly dishonest and incompetent, they dont deserve your business.

PM me if you like.
 
OP
OP
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DLB

Senior Member
Thanks Mickle. Very interesting comments....

Since my last post I've collected the wheel and asked them why Trek wouldnt repair it. The mechanic said

"99% of companies will not honour a back axle snapping after 1 months" (IS this true???)
this comment sort of took the wind out of my sail (i had gone there for a row) and so i left the shop and went to a different shop to buy a new axle (which i last night realised i couldn't fit throgh lack of knowledge)

so the missus is today going to take the wheel to the other shop to ask them to fit it.

I'm now a little worried since you have said the whole wheel might need replacing.

I'm also a little suspicious as when i asked if the mechanic needed my invoice (so i could get my wheel back) the mechanic said "we know who you are" and the tone of his voice implied " and we think you're a £$"%%^" I could be wrong but that is the impression i got

I've also contacted Trek to ask them about it. Perhaps they can tell me if they've even SEEN my wheel as i'm not even sure it has been returned to them.

I think i might print out Mickle comments and take them to the shop and see what they say.
 

col

Legendary Member
Name and shame em when your sorted,i dont want to end up in their shop anytime.
 
OP
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DLB

Senior Member
col said:
Name and shame em when your sorted,i dont want to end up in their shop anytime.

J E James cycles of Rotherham, Sheffield and Chesterfield.
 

postman

Legendary Member
Location
,Leeds
It seems to be a problem like we have your money now go away.On a similar note but not as important as yours.Iwas sold a dud Tour t-shirt from an official stand in Trafalgar Square .Despite letters e-mails phone calls.Including the A.S.O, the group that organize the tdf,the shirt ,photo evidence that i was there.NOTHING we have your money you can go jump.WELL the tour has lost a fan.Customer care means nothing to big groups,money money money. First and last profit before everything.
 

postman

Legendary Member
Location
,Leeds
Is that on Erskine Road?. Notice they have a web page and an e- mail address.Why don't we ask them some questions via e-mail might keep them busy for awhile or is that a bit naughty.
 
OP
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DLB

Senior Member
postman said:
Is that on Erskine Road?. Notice they have a web page and an e- mail address.Why don't we ask them some questions via e-mail might keep them busy for awhile or is that a bit naughty.

I think the Erskine road shop is in Sheffield. i visit the Rotherham shop.

they certainly do have a web address

http://www.jejamescycles.co.uk/

your idea is a little 'naughty' but i do like it.....
 

Tim Bennet.

Entirely Average Member
Location
S of Kendal
I'm sorry DLB to keep labouring the point, but I still think you need to be clearer about who should be responsible for sorting out your problem.

Trek has nothing to do with it. The shop is wrong to suggest they have any involvement with this what so ever.

You have a contract with JE James. They sold you the bike. They had to ensure that the bike they sold you was 'fit for purpose'. They alone are responsible for ensuring the bike you bought from them give reasonable service. Therefore your beef is with them and no one else. Any retorts they might make about Trek, or warranties, or other manufacturers are completely bogus. Your demand for satisfaction is against them.

So, assuming they sold you a reasonably priced bike which their sales pitch and literature implied was a fairly good machine, that was suitable for your intended purpose, and that you have only used it for that purpose, and maintained it within the guidelines they gave you, then they must stand behind that product.

Their only way out of this is that the bike was cheap crap and you knew that when you bought it, or that you weren't honest about your intended use, or that you have abused the bike in some way since owning it. So assuming none of that is true, their only other cop out would be if they can prove that 8 months is a reasonable life expectancy of a wheel axle at that price point. IMHO they would struggle to do that.

Buying a 'Trek' branded bike from a shop like JE James meant you had reasonable expectations from your purchase. So their choice is either fix it, or you'll have it fixed and make a claim to recover your costs against them. Just firmly inform them of their obligations under the Sale of Goods Act and reject all the fluff and bluster from these people.
 

Elmer Fudd

Miserable Old Bar Steward
Slightly OT, bought a bike from Bobs cycles in Headless cross Redditch, a little over 2 months later took it back as getting a bad 'clunk' from the BB. 2 hours later returned to shop, signed a bit of paper took fixed bike away, excellent service. This bike got stolen :smile:.
When at my brothers in Nuneaton last October I bought a bike from Village Cycle Centre, Attleborough, Went down to visit recently and took bike wheel with me as had a loose spoke and wheel gone out of true, asked to collect it Tuesday but explained I lived in Durham and was leaving Monday a.m.. Did it there and then as I watched. "How much ?" says I. "Nowt, if you've got your reciept" says he. Can't fault either shop.
 

alfablue

New Member
I would send JE James a letter (recorded delivery) entitled "Notice Prior To Action", stating that you are rejecting the goods as not of merchantable quality, and that you require a refund within 7 days of receipt oryou will make a claim in the small claims court (can be done simply, online, for a small fee which is added to your claim).

Give them a week, then do it. Chances are they will get in touch and offer a repair - don't accept that, demand (at least) a new wheel. Also, if the alignment of the frame is in question (as suggested above) a new wheel alone will not sort the problem, so push for a replacement frame at least.

I have sent several such letters to various shops over the years (no bike shops as yet) that have tried to avoid their duties under the law, and have had a 100% success rate (though I am a little dissappointed never to get my day in court).
 
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