Warranty Claim - Should I carry any costs?

[Eldron]

I reckon it's fair.

 

Is someone came to me after a year of having my bike and said "I'll give you new BB and cabling and a new frame with zero scratches or dings for R700" I'd take it.

[Tumbleweed]

The CPA says you choose your remedy in terms of warranty. Repair, replace or refund. Am checking this with a consumer journo mate, but she's kinda busy judging something else right now. My reading of the act would be that the consumer shouldn't be charged, even if the exclusion costs is included in the warranty agreement from the manufacturer.

[Captain Fastbastard Mayhem]

The CPA says you choose your remedy in terms of warranty. Repair, replace or refund. Am checking this with a consumer journo mate, but she's kinda busy judging something else right now. My reading of the act would be that the consumer shouldn't be charged, even if the exclusion costs is included in the warranty agreement from the manufacturer.

 

Thing is, Tumbles - the frame HAS been replaced. There are just ancillary items which need to be purchased in order for his old parts to fit the new frame.

 

So - in terms of the CPA, the distributor has done all it needs to do. Accessories which no longer fit would not be covered...

 

But in terms of Customer Service practice, they should be...

[GrumpyOldGuy]

I reckon it's fair.

 

Is someone came to me after a year of having my bike and said "I'll give you new BB and cabling and a new frame with zero scratches or dings for R700" I'd take it.

 

Sure, but then that not a warranty, thats an "agreed part payment plan" if things go wrong.

 

A warranty should cover all the costs of putting you back in the position you were before the breakage with no costs to yourself.

[MTBeer]

do any other manufacturers give a lifetime warranty on their frames? i've cracked and had 2 replaced in the space of 3 years (26er anthem). just thinking they don't have to give a lifetime warranty, so how do they compare to other brands.

[Hairy]

do any other manufacturers give a lifetime warranty on their frames? i've cracked and had 2 replaced in the space of 3 years (26er anthem). just thinking they don't have to give a lifetime warranty, so how do they compare to other brands.

Cannondale give a real life time on their carbon frames ... not sure on the alum frames

[Eldron]

A warranty should cover all the costs of putting you back in the position you were before the breakage with no costs to yourself.

 

In that case the OP should be happy if the company uses old parts to rebuild the bike, put his new frame on a stress bench and run 1,000,000 cycles on it then scratch up the frame a bit - especially around the dropouts before giving it back to him ;-)

 

I get what you're saying but a new frame puts the owner in a better position that before so logic to me says throwing a bit of cash at the problem is fair. CPA and small print be damned.

[Tumbleweed]

Thing is, Tumbles - the frame HAS been replaced. There are just ancillary items which need to be purchased in order for his old parts to fit the new frame.

 

So - in terms of the CPA, the distributor has done all it needs to do. Accessories which no longer fit would not be covered...

 

But in terms of Customer Service practice, they should be...

 

It seems a bit murky...does an agent just sell a frame or a complete product? With ever-changing component standards in the industry, the consumer is always going to take a knock with tapered headsets and BBs, etc. However, and my mate just got back to me, if the warranty claim happens in the period stipulated under the CPA, the retailer should be liable for costs. It would be up to them to fight it out with the agent to quibble over this, but the seller is ultimately liable.

[Jaco-fiets]

I know 2 guys that cracked their full dynamix frames. The people that use to be the agents dropped the brand so these guys had to contact the company directly in Italy. They were happy to replace the frames but the frames had to be sent to Italy at own cost and they will send you replacement frame at your cost. They ended up claiming directly from their insurance

[Tumbleweed]

I know 2 guys that cracked their full dynamix frames. The people that use to be the agents dropped the brand so these guys had to contact the company directly in Italy. They were happy to replace the frames but the frames had to be sent to Italy at own cost and they will send you replacement frame at your cost. They ended up claiming directly from their insurance

 

The agent or retailer should still be liable. They are essentially the guarantor.

[GrumpyOldGuy]

In that case the OP should be happy if the company uses old parts to rebuild the bike, put his new frame on a stress bench and run 1,000,000 cycles on it then scratch up the frame a bit - especially around the dropouts before giving it back to him ;-)

 

I get what you're saying but a new frame puts the owner in a better position that before so logic to me says throwing a bit of cash at the problem is fair. CPA and small print be damned.

 

- Yah, Yah,........ like Capt said lets use "the reasonable man test" and as a reasonable man (or at least I like to think so ) I would not expect to carry costs associated with a warranty claim.

 

........but theres a famous saying that say's "Theres the way it should be,... and theres the way it is...!" ...and it seems to fit here.

[madmarc]

 

Hmm, not sure thats correct legally as there is no consequential damage to the parts, they are simply an upgrade or different in size or fit, that is not the clients fault, and in my opinion he would be unfairly disadvantaged if they used that clause as an excuse.

 

It's still a cost caused by their product failure and thus as a consequence of product failure. the same would apply if your frame broke while riding and you got injured, they will not be held liable for your medical costs but will warranty the frame. Any company selling a product without consequential damage clause might as well commit suicide.

 

When I worked for a well known engineering supply company, one of our products failed on a certain petrochem plant losing them 4 million a day in production losses. it took 9 days to get the plant back on line after fitting the product we replaced under warranty. They submitted their claim for refitment and production losses of 36.9 million, we rejected and it went to court. They lost the case because they accepted our terms and conditions of sale which included a consequential damage clause.

 

Strange that they never bought form us again!!!! but 36.9 million was approx. 7 years net profit for us. so our clause saved our ass because that would have sunk us overnight.

[Dirt De Vil]

After a lot of e-mails and phone calls, the negotiations closed with the following agreed upon. Dragons Sports (Giant) will replace the frame and carry the shipping costs. The LBS will do the rebuild free of charge. I will carry the cost of the BB and fork adaptor to fit the tapered headtube.

 

I need my bike for this weekend's Sani Pass ride and the subsequent TransBaviaans race, so I am content to settle at this stage. I also did do about 17000kms with the frame and it was definitively not spotless anymore.

[Eugene]

Somebody has to cover the labour of the bike shop, they can't be expected to do it for free. I believe that cost should be covered by Giant. Their product failed, they have your money.

 

Surely there must be some legal obligation on the side of Giant. What if your 26inch frame cracked? We all know Giant has discontinued 26 inch bikes. So, you will be given a 27.5 frame, but you will have to buy new wheels, new forks, new tyres etc etc.

 

I would love to know if all amnufacturers work this way.

[GrumpyOldGuy]

It's still a cost caused by their product failure and thus as a consequence of product failure. the same would apply if your frame broke while riding and you got injured, they will not be held liable for your medical costs but will warranty the frame. Any company selling a product without consequential damage clause might as well commit suicide.

 

When I worked for a well known engineering supply company, one of our products failed on a certain petrochem plant losing them 4 million a day in production losses. it took 9 days to get the plant back on line after fitting the product we replaced under warranty. They submitted their claim for refitment and production losses of 36.9 million, we rejected and it went to court. They lost the case because they accepted our terms and conditions of sale which included a consequential damage clause.

 

Strange that they never bought form us again!!!! but 36.9 million was approx. 7 years net profit for us. so our clause saved our ass because that would have sunk us overnight.

 

- Yeah, it is.!

 

I hear what you say and I am in agreement on the injury issue, but I am still not sure its legal to disadvantage someone due to your component upgrades over which they have no control. Its a toughie I guess, I would be interested to see case studies on similar incidents / occasions and the relevant rulings, I think it would make relevant, if somewhat boring reading.

Edited August 6, 2013 by GrumpyOldGuy

[BeegMig]

I got a warranty frame replacement in 2001. Cost me R600 back then. R100 More since then sounds fair. I wanted to complain but couldn't i needed my lbs to like me and the dealer to hurry, needed the bike for a race. They replaced my frame in less than 24 hours and had my bike rebuild. So i kept my comments and complaints for myself and paid. R600 was not that much to pay for a new frame worth more than R10,000.