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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I purchase a bike from my local bike shop in August 2014 (cost

Customer Question

I purchase a bike from my local bike shop in August 2014 (cost £3600 paid by debit card). Shortly after (4 weeks) the carbon frame cracked while out cycling under normal conditions. I immediately returned the bike back to the store who returned it to the UK distributer. They in turn sent it back to manufacturer in Italy. It has now been over three months and I still have no news on what they are going to do despite regular emails and phone calls to the store. They are suggesting the bike was at sometime clamped in a bike stand and this has caused the problem. I done have a bike stand and have never clamped the bike on any device. It has never been crashed or dropped so I cant see why the bike cant be immediately warrantied. It would appear that this may come down to a case of my word against theirs.
Can you please advise how I should proceed and who is responsible warranty of the bike as its been four months nearly since I last saw my bike and a don't feel any nearer to getting a resolution
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Do you mean a warranty? You don't usually get stand alone warranties on pedal cycles?
Customer: replied 1 year ago.

The bike is sold with manufacturers defect warrant of 24 months (Pinarello) warranty terms are:


LIMITED WARRANTY: THREE YEARS / TWO YEARS

Cicli Pinarello guarantees its frames, if purchased from authorized Pinarello dealers, to be free from manufacturing or material defects for:

Three years from the date of retail purchase if you register the frame, within ten days from purchase, on the www.pinarello.com website

Two years if you do not register the frame within ten days after retail purchase or if you register a frame received as replacement.

Cicli Pinarello guarantees its components (Pinarello, Most), if purchased from authorized Pinarello dealers, to be free from manufacturing or material defects years from the date of purchase.

If a frame or part is found by Pinarello to be defective within the terms of this warranty, it will be repaired or replaced, at the option of Pinarello, free of charge. If the original product is not available any longer, it will be replaced with an equivalent product of similar value.

Parts made by other manufacturers will be covered by the warranties of the respective manufacturers, please address your claim to them. This warranty does not cover:



  1. products without a legitimate dated proof of purchase

  2. products not purchased through an authorized Pinarello dealer

  3. products whose identification markings have been removed, altered, effaced or made unreadable

  4. normal wear (including fatigue) and tear

  5. damage caused by abuse or misuse, improper assembly ( improper tightening torques), improper or insufficient maintenance, accidents, impacts, corrosion, aggressive cleaners, use with non compatible components, improper repairs, and more generally anything which is not a material or manufacturing defect.

  6. products which reached the natural end of their useful life cycle

  7. UV rays effects (colors fading, turning yellow)

  8. the effects of saline environment

  9. re-painted products (also partially)

  10. products used commercially

  11. products modified in any way

  12. shipping damage (the forwarder is responsible)

  13. cosmetic blemishes which were apparent or discoverable at the time of purchase of the product

  14. workmanship or changeover


This warranty is valid only with the original owner and is not transferable. This warranty is expressly limited to the repair or replacement of a defective item and is the sole remedy of the warranty.

Please note that in addition to this policy you may have specific legal rights granted by the national or state laws of the country where the product was sold. If any part of this warranty is void due to the above national laws, the rest will remain valid.

Cicli Pinarello is not responsible or consequential damages. Some States do not allow this exclusion of incidental or consequential damages, so this exclusion may not apply to you.

This one is the only conventional warranty offered product you purchased. Any additional clause, extension or implied warranty is specifically excluded.

When a product is repaired or replaced free of charge under warranty coverage, the replaced product is covered by a renewed warranty.

Moreover, when a product is replaced under warranty, the original product becomes property of Pinarello.
Any disputes arising out of this Agreement or regarding the use of this product will be governed by the laws of the country of Italy and will be decided by the Court of Treviso, Italy.

CLAIM PROCEDURE:
To make a warranty claim you need to return the product to the same authorized Pinarello dealer you purchased it from. Please note that if the product was purchased in another country, you have to return it to the authorized Pinarello dealer of that country. We recommend, additional safety of better assembly and control, to be sure about originality, but also after-sales service, to purchase from your local Pinarello authorized dealer.

The product should be returned clean (if returned dirty will be kept at your disposal days and then destroyed) together with:



  1. your name, address, phone numbers and e-mail (as provided when the bike was registered in our website, if registered)

  2. a dated invoice or receipt of date and place of retail purchase

  3. a detailed description of the problem experienced (we suggest to use some adhesive tape to help us identify the exact position of the problem)

  4. a list of the components used in conjunction with the claimed product

  5. a specific request if you want that after the handling of the claim any sensitive personal data is not preserved reference.

  6. a declaration on how to treat the product if found not-warrantable; without a specific declaration the product will be kept at your disposal days and then destroyed


In terms of the above I have followed them to the letter of the law and the damage in my opinion is due to defect in manufacture - not to any of the reasons listed.

Regards

Carl

Expert:  Jo C. replied 1 year ago.
Thank you.
I'm not sure that there is a great deal of points in pursuing this as a warranty matter.
Whatever the warranty does or does not say, the sale of goods act still applies and that gives you a claim against the seller on the basis that this was not of reasonable quality. It is reasonable that the seller wants to investigate the faults before offering a remedy. However they are liable rather than the manufacturer and they will be much easier to sue because they are in the UK.
The fact that you complain within the first six months of sale means that there is a presumption in your favour that the fault occurred before the sale unless the seller can prove the contrary. It does sound as though they are gathering evidence to try to do that and nobody can stop them defending on this basis if they are intent upon doing so.
If they do refuse to comply though then your only option is to sue. There is no other way of forcing them to comply with the law. It is a small claims court sum and so at least it will be cheap and quick to issue against them not least because they are UK based.
If you are intense on pursuing this under your warranty then you would have to issue against the company that's offers the guarantee whether or not they are based in the UK.
It is possible that they are trying to argue that you have caused this faults and if they succeed then they would not be liable that is ultimately a matter and you can defend that allegation should you need to.
Can I clarify anything ?
Jo
Customer: replied 1 year ago.

Under the sale of goods act, is there a time frame in which they should of resolved this?

I seem to of read somewhere that is should dealt with in a reasonable time frame (what would be acceptable)?

Expert:  Jo C. replied 1 year ago.
No.
The only limitation is that you should not have to wait an unreasonable period of time .
They are entitled to investigate the cause.
I don't think a court would say that they are still investigating so no liability should arise. This will come down to the cause of the fault.

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