Where do stand with defective frame? Consumer rights...

[JonF]

Any sound/professional advice would be much appreciated on this.

Ok, I bought my Look 576 in November 2013, brand new via an online retailer (currently less than six months old), this weekend I have noticed bubbling within certain parts of the frame, mainly around where possible alloy inserts have been placed during manufacture, bottom bracket shells, headset and poss cable routing guides causing reaction, it's a matt frame with no paint/lacquer ...photos below







Now I'm not happy with this, so have contacted them to which they asked for photos of the problem and subsequently asked me to send it back (which I haven't yet) so they could send it to the manufacturer (Look), now being end of line 2013 model they say they might not be able to supply a replacement but could supply an 'alternative' and this is where I'm looking or advice as they've stalled answering when I questioned what they mean by 'alternative' and I'd like some heads-up where I stand.

I only paid £650 for it (yes a bargain) with it's rrp of £1900, so I sold my TCR advanced frameset to fund this as I was wanting something much more exclusive and away from mainstream mass numbered bikes. Anyway, would I be entitled to an equivalent spec Look or would they only have to give me equivalent/refund to the same value I paid, if it went down that path.

Any advice much appreciated.

Jon

 

[CopperCyclist]

You've done pretty much what is advise to begin with - go back to the manufacturer with pictures. I had a frame issue with Trek who were superb - they also offered me an 'alternative frame' which happened to be the next model up!

Just keep your fingers crossed and hope Look's customer service is as good :-)

 

[fossyant]

That's crap. You get some under surface stuff with alloy frames but not like that, usually only after a few years.

Kick up a fuss. It's down to the alloy/carbon/poor weather protection, and the alloy 'fuzzes' up.

Got a couple of spots at the weld vents on the back of the fixed, but that's 6 years old, but at exposed edges.

I'd not be happy, especially owning 'steel' bikes that are over 20 years old that haven't bubbled like that for no reason. There is no surface damage there.

 

[fossyant]

You should get the new model of the frame, so don't worry.

Most modern paints are a bit crap really, and that goes for cars, due to environmental issues.

I was told my finish on my best bike was a bit 'soft' for enamel, being a two tone pearlescent finish (metallic white with a bright blue top flash in kingfisher blue) but it's been great... that was 23 yeas ago..

Kick up a fuss !!

 

[screenman]

You should get the new model of the frame, so don't worry.

Most modern paints are a bit crap really, and that goes for cars, due to environmental issues.

I was told my finish on my best bike was a bit 'soft' for enamel, being a two tone pearlescent finish (metallic white with a bright blue top flash in kingfisher blue) but it's been great... that was 23 yeas ago..

Kick up a fuss !!

In what way are car paints crap? I work with paintwork on cars from 20 year old to brand new everyday, I certainly have a different experience to yours.

 

[fossyant]

In what way are car paints crap? I work with paintwork on cars from 20 year old to brand new everyday, I certainly have a different experience to yours.

Water based... I suppose... got better !! Or indeed, it's preparation is the key, !!

 

[screenman]

Water based... I suppose... got better !! Or indeed, it's preparation is the key, !!

Nothing wrong with WB, easy to apply and always has been, extremely good coverage and blending is easier than solvent based. It is purely internet myth that it is not as good.

 

[400bhp]

, now being end of line 2013 model they say they might not be able to supply a replacement but could supply an 'alternative' and this is where I'm looking or advice as they've stalled answering when I questioned what they mean by 'alternative' and I'd like some heads-up where I stand.

I only paid £650 for it (yes a bargain) with it's rrp of £1900,.... Anyway, would I be entitled to an equivalent spec Look or would they only have to give me equivalent/refund to the same value I paid, if it went down that path.

Any advice much appreciated.

Jon

You are entitled to nothing off Look as you didn't purchase it from them. The contract is with the company you bought it from.

You paid what sounds like buttons for the frame. It looks like a poor paint finish to me so you need to work out whether to stick with what you got, or take a gamble and accept their refund/replacement. You even use the word "only" suggesting you know it was a fantastic bargain.

I know what I would do.

 

[ufkacbln]

I do not see why this is unreasonable.

They have accepted there is an issue
They have offered to inspect the frame
They have been honest that they cannot directly replace with the same model

Sounds reasonable so far

 

[Banjo]

The fact you got it at a discount price is irrelevant. Im sure you wont have any problems getting that frame replaced ands if an identical one is not available you should get a higher quality one.

As has been said, your contract is with the business you bought it off not the manufacturers if nothing happens in a reasonable time you could insist on a refund but possibly in this case an upgraded frame would be better than a refund,

 

[BrynCP]

The seller, by law, must refund, replace or repair. You can request your preference but in most cases they'll take the most economical option for them, which they're permitted to do.

Obviously if you have some guarantee or warranty that says otherwise, then they should stick to that instead.

 

[Spoked Wheels]

You are entitled to nothing off Look as you didn't purchase it from them. The contract is with the company you bought it from.

You paid what sounds like buttons for the frame. It looks like a poor paint finish to me so you need to work out whether to stick with what you got, or take a gamble and accept their refund/replacement. You even use the word "only" suggesting you know it was a fantastic bargain.

I know what I would do.

I think you'll find the OP has a 12 months warranty from the manufacturer (most items have 12 months or more as standard). After the 12 months he would have a claim under the consumer rights. I recently went through the process with a Samsung Laptop purchased through Dabs. Samsung explained that they couldn't help after the 12 months but Dabs should. Obviously, Dabs denied any liability to start with but once I made them aware that I knew my consumer rights and I quoted the relevant sections, they began negotiations. After 6 months the consumer has to prove the item or service is inherently faulty which I did. Dabs paid up the full cost of diagnosing the problem and fixing it too. You just have to be patient cause the first thing they try to do is claim they have now responsibility after the warranty.

 

[400bhp]

I think you'll find the OP has a 12 months warranty from the manufacturer (most items have 12 months or more as standard). After the 12 months he would have a claim under the consumer rights. I recently went through the process with a Samsung Laptop purchased through Dabs. Samsung explained that they couldn't help after the 12 months but Dabs should. Obviously, Dabs denied any liability to start with but once I made them aware that I knew my consumer rights and I quoted the relevant sections, they began negotiations. After 6 months the consumer has to prove the item or service is inherently faulty which I did. Dabs paid up the full cost of diagnosing the problem and fixing it too. You just have to be patient cause the first thing they try to do is claim they have now responsibility after the warranty.

The warranty is a contractural right. It isn't a statutory right.

 

[Spoked Wheels]

The warranty is a contractural right. It isn't a statutory right.

I'm sure you have been informed when purchasing goods "it comes with a 12 months manufacturer warranty" or whatever length. In practice if something goes wrong in the first 12 months people usually get it sorted through the seller who in turn send the item to the manufacturer. Some years ago I bought a music system for my son which developed a fault within weeks. I took it to the retailer for repair and after 2 months they admitted that the manufacturer "Sony" had lost my item so Sony sent me a new system within a week. I know people that go directly to the manufacturer. A friend sent his HTC phone directly to the manufacturer for repair, he had the phone back within a week. The second time the phone failed HTC insisted the phone was sent to "3" as the phone was over 12 months old. "3" took more than a month to fix it.

I think the OP has a case to claim from the manufacturer as the bike is only 6 months old. BTW, the fact he paid a bargain price has nothing to do with the issue. I might be wrong and I apologise in advance if I'm but reading your post I felt you resented the fact the OP got the frame for such a bargain price.

 

[400bhp]

I'm sure you have been informed when purchasing goods "it comes with a 12 months manufacturer warranty" or whatever length. In practice if something goes wrong in the first 12 months people usually get it sorted through the seller who in turn send the item to the manufacturer. Some years ago I bought a music system for my son which developed a fault within weeks. I took it to the retailer for repair and after 2 months they admitted that the manufacturer "Sony" had lost my item so Sony sent me a new system within a week. I know people that go directly to the manufacturer. A friend sent his HTC phone directly to the manufacturer for repair, he had the phone back within a week. The second time the phone failed HTC insisted the phone was sent to "3" as the phone was over 12 months old. "3" took more than a month to fix it.

I think the OP has a case to claim from the manufacturer as the bike is only 6 months old. BTW, the fact he paid a bargain price has nothing to do with the issue. I might be wrong and I apologise in advance if I'm but reading your post I felt you resented the fact the OP got the frame for such a bargain price.

You're not listening (not for the first time).

A warranty is only worth the paper it is written on because it's a contractural agreement. Essentially you only have contract law to back you up.

What you do have is statute law behind you when purchasing goods. This is completely separate and independent of a warranty. This is where the power lies.

Statute law, in this case Consumer law, is with the seller of the goods, not the manufacturer.

I'm not sure why I am bothering.