Aluminium frame corrossion
Discussion
I don't think you're stuffed, just go to a decent Giant dealer and show them
Shame the first dealer pissed around for a bit, surely he could have told you in a day, although the delay could have been with Giant
My mate just had a Giant frame replaced, he found a crack on a under year old Carbon frame. Took a month or so to sort in which time the dealer gave him a loan bike, plus they replaced the frame, along with new groupset, headset, BB and seatpost!!
Shame the first dealer pissed around for a bit, surely he could have told you in a day, although the delay could have been with Giant
My mate just had a Giant frame replaced, he found a crack on a under year old Carbon frame. Took a month or so to sort in which time the dealer gave him a loan bike, plus they replaced the frame, along with new groupset, headset, BB and seatpost!!
Steve vRS said:
I've just spoken directly to Giant.
As my bike was not purchased from a Giant dealer, I have no warranty. I now trying to get the LBS to provide a demonstration that the bike was sourced from Giant UK.
Not impressed. You try and support your LBS and get bitten on the arse.
Steve
What a complete PITA, as they are a proper bike shop I would expect it not to make a difference .As my bike was not purchased from a Giant dealer, I have no warranty. I now trying to get the LBS to provide a demonstration that the bike was sourced from Giant UK.
Not impressed. You try and support your LBS and get bitten on the arse.
Steve
Poor show from original dealer and Giant
Steve vRS said:
I've just spoken directly to Giant.
As my bike was not purchased from a Giant dealer, I have no warranty. I now trying to get the LBS to provide a demonstration that the bike was sourced from Giant UK.
Not impressed. You try and support your LBS and get bitten on the arse.
Steve
Surely that's bAs my bike was not purchased from a Giant dealer, I have no warranty. I now trying to get the LBS to provide a demonstration that the bike was sourced from Giant UK.
Not impressed. You try and support your LBS and get bitten on the arse.
Steve
ks? Are Giant taking a page from Porsche's book of get out clauses? I am waiting to see if I can get proof of purchase from a Giant Dealer - that is where the bike originally came from via my LBS before tackling Giant or the LBS more directly.
I know it gets mentioned a lot on PH, but surely the Sale of Goods Act and small claims court may be useful to me here.
Steve
I know it gets mentioned a lot on PH, but surely the Sale of Goods Act and small claims court may be useful to me here.
Steve
At first sight it appears you're in a bit of a pickle. A manufacturer is only obliged to warranty the original purchaser, and only then if that purchaser is a consumer. Since it was originally purchased by a business, I don't think they (your LBS) has a legal recourse on Giant.
However, since they are a business and you are a consumer, you may have a case against your LBS. I believe it would boil down to whether the frame failed within the time frame it should reasonably be expected to last for considering the amount paid. And obviously it has. The LBS may not be able to claim from Giant, but that's not relevant to your claim on them.
At least that's what I understand. You could do worse than calling Citizen's Advice just to know where you'd stand if it came to it.
However, since they are a business and you are a consumer, you may have a case against your LBS. I believe it would boil down to whether the frame failed within the time frame it should reasonably be expected to last for considering the amount paid. And obviously it has. The LBS may not be able to claim from Giant, but that's not relevant to your claim on them.
At least that's what I understand. You could do worse than calling Citizen's Advice just to know where you'd stand if it came to it.
Edited by SixPotBelly on Wednesday 21st October 12:28
SixPotBelly said:
At first sight it appears you're in a bit of a pickle. A manufacturer is only obliged to warranty the original purchaser, and only then if that purchaser is a consumer. Since it was originally purchased by a business, I don't think they (your LBS) has a legal recourse on Giant.
However, since they are a business and you are a consumer, you may have a case against your LBS. I believe it would boil down to whether the frame failed within the time frame it should reasonably be expected to last for considering the amount paid. And obviously it has. The LBS may not be able to claim from Giant, but that's not relevant to your claim on them.
At least that's what I understand. You could do worse than calling Citizen's Advice just to know where you'd stand if it came to it.
That would be my understanding, your contract is with the LBS. If doesn't matter that they don't have an agreement with Giant as an AD. They haven't potentially sold you something that is of sufficient quality, I suppose there is a precedence that stuff should last 6 years so try that approach! However, since they are a business and you are a consumer, you may have a case against your LBS. I believe it would boil down to whether the frame failed within the time frame it should reasonably be expected to last for considering the amount paid. And obviously it has. The LBS may not be able to claim from Giant, but that's not relevant to your claim on them.
At least that's what I understand. You could do worse than calling Citizen's Advice just to know where you'd stand if it came to it.
Edited by SixPotBelly on Wednesday 21st October 12:28
ALawson said:
SixPotBelly said:
At first sight it appears you're in a bit of a pickle. A manufacturer is only obliged to warranty the original purchaser, and only then if that purchaser is a consumer. Since it was originally purchased by a business, I don't think they (your LBS) has a legal recourse on Giant.
However, since they are a business and you are a consumer, you may have a case against your LBS. I believe it would boil down to whether the frame failed within the time frame it should reasonably be expected to last for considering the amount paid. And obviously it has. The LBS may not be able to claim from Giant, but that's not relevant to your claim on them.
At least that's what I understand. You could do worse than calling Citizen's Advice just to know where you'd stand if it came to it.
That would be my understanding, your contract is with the LBS. If doesn't matter that they don't have an agreement with Giant as an AD. They haven't potentially sold you something that is of sufficient quality, I suppose there is a precedence that stuff should last 6 years so try that approach! However, since they are a business and you are a consumer, you may have a case against your LBS. I believe it would boil down to whether the frame failed within the time frame it should reasonably be expected to last for considering the amount paid. And obviously it has. The LBS may not be able to claim from Giant, but that's not relevant to your claim on them.
At least that's what I understand. You could do worse than calling Citizen's Advice just to know where you'd stand if it came to it.
Edited by SixPotBelly on Wednesday 21st October 12:28
Steve
Well the LBS has supplied me a receipt showing that they bought the bike through the trade from a Giant dealer to sell on to me. They want me to approach this dealer but I am starting to get a bit miffed. I think I'll contact the CAB to get their opinion.
Any other good advice from the PH massive. The shop doesn't have a lawn at the front, so that course of action is ruled out
Steve
Any other good advice from the PH massive. The shop doesn't have a lawn at the front, so that course of action is ruled out
Steve
What is the PH opinion of this potential responce to the LBS.
[i]I have consulted Citizens Advice for advice on this mater.
As you sold me the bike, my contract is with XXX and it is your responsibility to repair the faulty goods. Under the Sale of Goods Act 1979, goods should be of a satisfactory quality, fit for purpose and as described. My rights under The Act have been breached because the bike you sold me is faulty. I would like a repair which of course would mean a replacement frame.
It is reasonable for an expensive bike frame (in fact any bike frame) to last a lot longer than 18months and so this failure means the bike is not fit for purpose.
As XXX Cycles purchased the bike from YYY, the Giant warranty is with the first owner, which is XXX so I cannot pursue a claim with YYY.
I am away for the next 7 days. The bike has been returned to the shop , inspected and photographed, so I believe that it is reasonable to expect that there will be some degree of advancement before then.
I look forward to hearing from you.[/i]
Thanks in advance!
Steve
[i]I have consulted Citizens Advice for advice on this mater.
As you sold me the bike, my contract is with XXX and it is your responsibility to repair the faulty goods. Under the Sale of Goods Act 1979, goods should be of a satisfactory quality, fit for purpose and as described. My rights under The Act have been breached because the bike you sold me is faulty. I would like a repair which of course would mean a replacement frame.
It is reasonable for an expensive bike frame (in fact any bike frame) to last a lot longer than 18months and so this failure means the bike is not fit for purpose.
As XXX Cycles purchased the bike from YYY, the Giant warranty is with the first owner, which is XXX so I cannot pursue a claim with YYY.
I am away for the next 7 days. The bike has been returned to the shop , inspected and photographed, so I believe that it is reasonable to expect that there will be some degree of advancement before then.
I look forward to hearing from you.[/i]
Thanks in advance!
Steve
Steve vRS said:
What is the PH opinion of this potential responce to the LBS.
[i]I have consulted Citizens Advice for advice on this mater.
As you sold me the bike, my contract is with XXX and it is your responsibility to repair the faulty goods. Under the Sale of Goods Act 1979, goods should be of a satisfactory quality, fit for purpose and as described. My rights under The Act have been breached because the bike you sold me is faulty. I would like a repair which of course would mean a replacement frame.
It is reasonable for an expensive bike frame (in fact any bike frame) to last a lot longer than 18months and so this failure means the bike is not fit for purpose.
As XXX Cycles purchased the bike from YYY, the Giant warranty is with the first owner, which is XXX so I cannot pursue a claim with YYY.
I am away for the next 7 days. The bike has been returned to the shop , inspected and photographed, so I believe that it is reasonable to expect that there will be some degree of advancement before then.
I look forward to hearing from you.[/i]
Thanks in advance!
Steve
It's great that you've had professional confirmation of what I thought the position would be. That letter is fine for if it comes to it, that is if efforts to resolve amicably are exhausted, but I'd go in softly one more first. Pop in for a another chat and say you've looked into it, and you believe it's their responsibility to put it right. You now know you have the law to fall back on if you need to, so won't be so easily fobbed off. Don't get into a row if the tension rises, and leave politely if they won't back down[i]I have consulted Citizens Advice for advice on this mater.
As you sold me the bike, my contract is with XXX and it is your responsibility to repair the faulty goods. Under the Sale of Goods Act 1979, goods should be of a satisfactory quality, fit for purpose and as described. My rights under The Act have been breached because the bike you sold me is faulty. I would like a repair which of course would mean a replacement frame.
It is reasonable for an expensive bike frame (in fact any bike frame) to last a lot longer than 18months and so this failure means the bike is not fit for purpose.
As XXX Cycles purchased the bike from YYY, the Giant warranty is with the first owner, which is XXX so I cannot pursue a claim with YYY.
I am away for the next 7 days. The bike has been returned to the shop , inspected and photographed, so I believe that it is reasonable to expect that there will be some degree of advancement before then.
I look forward to hearing from you.[/i]
Thanks in advance!
Steve
If that fails, then it'd be time for the letter I suppose. I'd start it with "As you will be aware, the cycle I purchased from you for £x,xxx on xxth xxxx last year has [briefly outline problem e.g. failed due to corrosion from under the paintwork]. Regrettably my attempts to obtain a satisfactory resolution from you have so far been unsuccessful. I remind you that, as you sold me the cycle, [then continue as per your draft]
Just my opinion. Always best to avoid getting legal if possible, whilst knowing you could if you had to.
Magic919 said:
I would take it to the Giant dealer.
Letters quoting SOGA and CAB don't impress me, TBH.
They may not impress you, but they may impress the District Judge at the Small Claims Court. It shows you've explained your grievance to the defendant and given them an opportunity to make good.Letters quoting SOGA and CAB don't impress me, TBH.
I assume the receipt doesn't state second hand? Only thing to add would be sending the letter recorded and setting out clear time frame to resolve.
I expect they are in a pickle, they presumably cannot get a warranty replacement from Giant, have you thought about what you think is a suitable replacement that they can get hold of through there suppliers?
I expect they are in a pickle, they presumably cannot get a warranty replacement from Giant, have you thought about what you think is a suitable replacement that they can get hold of through there suppliers?
ALawson said:
I assume the receipt doesn't state second hand? Only thing to add would be sending the letter recorded and setting out clear time frame to resolve.
I expect they are in a pickle, they presumably cannot get a warranty replacement from Giant, have you thought about what you think is a suitable replacement that they can get hold of through there suppliers?
The paper trail is like this...I expect they are in a pickle, they presumably cannot get a warranty replacement from Giant, have you thought about what you think is a suitable replacement that they can get hold of through there suppliers?
Receipt from Giant dealer to my LBS saying nice new Giant bike sold to LBS.
Cycle To Work Scheme receipt and sale/loan agreement showing that I collected a nice new Giant bike from LBS.
The LBS only stocks 'mid' range bikes since he lost his 'high' range agency. I won't name the brands as it may make the LBS easy to name for anyone local to me.
Steve
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