Advice needed For Post Bike Sale

[RobertWhitehead]

My view, and again this is just my opinion: Take the deal on the new derailleur / s, get them fitted and move on. If you take legal action the only party who's going to benefit will be the prokerowers you employ 

[FreeSoul]

Lastly, how sure are you the di2 is setup correctly wrt shift modes, indexing etc?

 

The mech opened the housing of the RD and showed me the damaged of the internal workings. Its nothing to do with shift modes etc. I have done this many times on my other bike.

[Edereese]

The mech opened the housing of the RD and showed me the damaged of the internal workings. Its nothing to do with shift modes etc. I have done this many times on my other bike.

 

Point taken, personally, I hope your mech did not damage anything because I believe that if I sell you something and you not happy, return it in the way you found it and I will gladly refund you.

I still vote for the new derailleurs though.

[DR ◣◢]

My view, and again this is just my opinion: Take the deal on the new derailleur / s, get them fitted and move on. If you take legal action the only party who's going to benefit will be the prokerowers you employ 

 

You will most likely spend more on legal than new Di2 derailleurs will cost. 

I highly doubt a case like this will be won in court either. The court is most likely to find that that the latent defect is not serious enough to warrant rescission as the defect could be repaired relatively easily by replacing the parts as offered. 

 

Something to remember under CPA is that you have 6 month "warranty" on the purchase of goods. In this time the items needs to be repaired or replaced in order to ensure that the item purchased is fit for intended purchase. 

 

I went through this schlep with a vehicle purchase a couple of years ago. The outcome was to repair all problems and an extension of the factory maintenance plan. I eventually sold the car a year later. Total cost to the motorplan was just over R100000 in 11 months of ownership. 

 

Since the dealer was more than willing to repair every single problem I had the option for a refund wasn't entirely possible unless in good faith from the dealer. 

 

Who needs this headache? Months of stress and bull**** when you could simply get it repaired and have peace of mind that the first 6 months you have a warranty under CPA.

[shaper]

The mech opened the housing of the RD and showed me the damaged of the internal workings. Its nothing to do with shift modes etc. I have done this many times on my other bike.

You got pics of inside the RD? 

 

If there has been a crash, the RD goes into crash mode and you would definitely see scratches on it, but my understanding there isn't?  I have crashed my Di2 RD, well the hanger broke and the RD went into the wheel.  It took quite a beating and the cage was bust.  Replaced the cage and RD still works fine to this day.  These things are quite robust even though they are electronic.

 

So if something has happened to the internals, does not sound like a crash issue and something unlikely to have been seen if the bike was just boxed and sent.  A crack in the housing of the FD might have been missed, but should not affect it's performance.

 

If something goes wrong on a 2nd hand car from a dealer, the dealer will replace and fix it for you, not give you your money back.

 

Personally I would just take the offer of the new FD & RD, replace on the bike and enjoy the bike you wanted and bought.  They have made a good offer to rectify the situation.

 

After all they cannot verify that your side of the story is actually what happened.

Edited January 19, 2021 by shaper

[Butterbean]

Dealer or not, its a used bike. You're expecting the service of a nee bike purchase, which is something you kinda write off in return for the discount of a used bike...

 

I think he's doing the right thing by offering replacements on damaged parts. Id expect a car dealer to do the same. But to insist on a full refund for replacement parts is an issue.

 

How does the internal mechanism get damaged from a crash?

 

Anyway, i think you're making a much bigger fuss of this than you should be. You didnt inspect a bike you paid for, which was silly. If you're going to believe everyone's judgement of condition than i would suggest browsing the "comments on classifieds" thread and see the varying states of parts that are so often described as MINT.

 

Put your toys back in the cot, get your best expert to inspect the rest of the bike and agree on replacement options. Then go ride your bike and feel better about the world.

[FreeSoul]

Dealer or not, its a used bike. You're expecting the service of a nee bike purchase, which is something you kinda write off in return for the discount of a used bike...

 

I think he's doing the right thing by offering replacements on damaged parts. Id expect a car dealer to do the same. But to insist on a full refund for replacement parts is an issue.

 

How does the internal mechanism get damaged from a crash?

 

Anyway, i think you're making a much bigger fuss of this than you should be. You didnt inspect a bike you paid for, which was silly. If you're going to believe everyone's judgement of condition than i would suggest browsing the "comments on classifieds" thread and see the varying states of parts that are so often described as MINT.

 

Put your toys back in the cot, get your best expert to inspect the rest of the bike and agree on replacement options. Then go ride your bike and feel better about the world.

 

I am in JHB and the bike was in Cape Town.  Also, I am NOT saying the dealer is a bad guy, in fact, his ratings are outstanding hence the trust I had in the sale that all would be as it seems! People make mistakes, I get it!

 

I am happy to take the replacement parts, however, how long do I have to wait? He said he is going to source parts with the "same market value"? 1 week? 2 week? a month? Whats acceptable time to wait?

[Edereese]

I am in JHB and the bike was in Cape Town.  Also, I am NOT saying the dealer is a bad guy, in fact, his ratings are outstanding hence the trust I had in the sale that all would be as it seems! People make mistakes, I get it!

 

I am happy to take the replacement parts, however, how long do I have to wait? He said he is going to source parts with the "same market value"? 1 week? 2 week? a month? Whats acceptable time to wait?

 

That needs to happen as soon as possible. I believe that you were given the option to source your own at a reasonable price? Like for like? Check merlin or chain reaction, maybe you can get a great deal on new.

[shaper]

I am in JHB and the bike was in Cape Town.  Also, I am NOT saying the dealer is a bad guy, in fact, his ratings are outstanding hence the trust I had in the sale that all would be as it seems! People make mistakes, I get it!

 

I am happy to take the replacement parts, however, how long do I have to wait? He said he is going to source parts with the "same market value"? 1 week? 2 week? a month? Whats acceptable time to wait?

If he has to get the parts from coolheat, it may take a while as stock during Covid19 is not great or available.

 

You sure the RD is not in recovery mode and is why is not shifting?

 

[Butterbean]

I am in JHB and the bike was in Cape Town. Also, I am NOT saying the dealer is a bad guy, in fact, his ratings are outstanding hence the trust I had in the sale that all would be as it seems! People make mistakes, I get it!

 

I am happy to take the replacement parts, however, how long do I have to wait? He said he is going to source parts with the "same market value"? 1 week? 2 week? a month? Whats acceptable time to wait?

 

It doesnt up matter where the bike or you were located. You dropped 60k on an unseen bike and that wasn't smart, no matter how you slice this...

 

Have you asked him the same questions re replacement parts? Hes the only one that could answer. I think you're within your rights to insist on like for like replacements, but you manage that with him.

 

Good luck man. Hope it works out.

 

Next time, maybe pay that teensy bit extra and have a local mechanic look over a bike you want to buy. Can't see a seller refusing, and its worth the money to have someone like Droo give you a green light.

[Mike Mac]

As far as I am aware,if the Seller is a dealer, the CPA applies to second hand goods and at your election, you are entitled to a full refund. It is your choice.

If I was you, I would demand a full refund and use the CPA to enforce your rights through the Ombudsman. The are also various consumer protection activist who may be prepared to take the seller on if he doesn’t cooperate.

 

Edited January 19, 2021 by Mike Mac

[FreeSoul]

If he has to get the parts from coolheat, it may take a while as stock during Covid19 is not great or available.

 

You sure the RD is not in recovery mode and is why is not shifting?

 

 

 

Yes, first thing I tried to do on the side of the road.

Edited January 19, 2021 by FreeSoul

[Pure Savage]

If you cannot find any other issues with the bike and evidence of a crash I would take the new derailers. 

 

Dealer sounds like he also did not know of the issue, otherwise would of not sent a pic of a crack to you. 

[cadenceblur]

Yes. Sounds plausible. He is offering to sort out issue as well

[rorydewet]

As far as I am aware,if the Seller is a dealer, the CPA applies to second hand goods and at your election, you are entitled to a full refund. It is your choice.

 

If I was you, I would demand a full refund and use the CPA to enforce your rights through the Ombudsman. The are also various consumer protection activist who may be prepared to take the seller on if he doesn’t cooperate.

 

 

i work in legal field

 

just my 2 cents worth

 

its fine to have legal rights under law

 

its another thing and expensive to enforce same

 

compromise is better option

[stringbean]

Are the new derailers available and can be shipped immediately?

I ask because there is a worldwide shortage of shimano at the moment.

If he can ship derailers( new) I immediately I would take them and move on.

If he cant ( which I suspect because of shortages) I would ask for refund.