New bike issues - what next?

[BB1]

Hi all

As per the title, just wondering what experience people have had with a new bike that's had issues.

So here's the story: bought a new relatively high end (Carbon with XT build) from major bike shop. After first ride had to return to shop to fix faulty rear axle. Replaced without hassle, but a week without bike while parts sourced. Couple of weeks of riding, then the rear end started making noises. Back to shop, had service, first ride started doing it again. Back to shop. Has now been there for over two weeks. There is a fault (linkage) that's been accepted by the distributor, but now there is a lag while they sort out what the factory wants to do. Worked out that out of the 45 odd days I've owned the bike it has physically been in my possession for about half that time.

So... How long do I put up with this? I haven't been able to ride, and it's probably going to be another couple of weeks before this is sorted. It's a brand new bike, I don't think it's acceptable. Am I justified in asking for a full refund?

Must say that the shop itself has been great throughout and has kept me informed. They will allow me to exchange bikes, problem is that anything else they have doesn't really interest me.

Part of me thinks I should push for a refund given that I'm not exactly going to get back the riding I missed, and I'm now really over that particular brand. But I also get its not the retailers fault. Thoughts, opinions? In QLD by the way if it makes a difference.

 

[MARKL]

Hi all

As per the title, just wondering what experience people have had with a new bike that's had issues.

So here's the story: bought a new relatively high end (Carbon with XT build) from major bike shop. After first ride had to return to shop to fix faulty rear axle. Replaced without hassle, but a week without bike while parts sourced. Couple of weeks of riding, then the rear end started making noises. Back to shop, had service, first ride started doing it again. Back to shop. Has now been there for over two weeks. There is a fault (linkage) that's been accepted by the distributor, but now there is a lag while they sort out what the factory wants to do. Worked out that out of the 45 odd days I've had the bike I've had it for half that time.

So... How long do I put up with this? I haven't been able to ride, and it's probably going to be another couple of weeks before this is sorted. It's a brand new bike, I don't think it's acceptable. Am I justified in asking for a full refund?

Must say that the shop itself has been great throughout and has kept me informed. They will allow me to exchange bikes, problem is that anything else they have doesn't really interest me.

Part of me thinks I should push for a refund given that I'm not exactly going to get back the riding I missed, and I'm now really over that particular brand. But I also get its not the retailers fault. Thoughts, opinions? In QLD by the way if it makes a difference.

Sounds like your LBS is doing all that it can and is being reasonable. I would start the discussion with them about what can be done, they may have access to other brands that they don't normally carry but if you ask nicely. Worth checking your options about what you can do with your local dept of Fair Trading or similar.

Only you can decide if the time you have had off the bike and the issues you have had is enough to destroy your desire for that bike.

 

[northvanguy]

It's like when you buy a car and get a lemon.... frustrating but rarely get a refund.

I'd ask for a brand new of the same bike... if you don't have any problems you'll feel better about purchase than a repair.

Well i would...

Like my M8000 Shimano brakes... absolute crap. Got a brand new set and that's alleviated my ill feelings towards them.

 

[The Reverend]

It's difficult as the consumer should be able to enjoy the use of the product and if there's a fault that would have prevented you from buying it then a refund is supposed to be an option.

I've had a faulty bike replaced within a year of ownership with one brand and so it can be done.
Just depends on how you approach it. I had to talk with the distributor.

Another bike has had numerous faults but no refund, just replacement frames. I've learned to keep onside with the LBS to keep things moving.

 

[Minlak]

Of course you can get a refund. All you have to do is prove you would not have bought the bike if you had known of the issues with the bike.

*disclaimer
I work in retail in electronics but the principal should be the same

The bike shop itself doesn't miss out or get left with a dud bike. They will also get a refund from the supplier as they too are protected by law. Of course the shop loses the profit they made from you but they can make that again by putting you in a bike your happy with.

 

[mark22]

With this type of issue it is important to document every conversation and the time frames you were without the bike and each problem you have had with it. I believe you have a good case at QCAT however I would discuss this with the LBS before to shunt things along if that is your goal.

Hope it all works out well for you.

Fact sheets are available at the QCAT website http://www.qcat.qld.gov.au/matter-types/minor-civil-disputes

 

[link1896]

Of course you can get a refund. All you have to do is prove you would not have bought the bike if you had known of the issues with the bike.

*disclaimer
I work in retail in electronics but the principal should be the same

The bike shop itself doesn't miss out or get left with a dud bike. They will also get a refund from the supplier as they too are protected by law. Of course the shop loses the profit they made from you but they can make that again by putting you in a bike your happy with.

I'm no lawyer, but this is how it was explained to me:

Bike shop is not protected by Australian Consumer Law as they purchase the goods for resale, not as a consumer. The contract of sale from the supplier ( to retailer ) could include or exclude any terms and conditions they like.

The end user has a contract ( written and or implied ) with the retailer, not the distributor/wholesaler/manufacturer.

At work we only deal in business to business sales, and the standard terms and conditions of sale catch out a few unsuspecting customers when something fails and they find labour, freight, duty, gst, are picked up by them, not us as per terms and conditions agreed upon at the time of sale.

Msy Computers faced the wrath of the ACCC after trying to wash their hands of any and all warranty claims a couple of years ago from their customers. A retailer cannot diminish or cancel the provisions in Australian Consumer Legislation.

 

[BB1]

Thanks for the responses all. I'll speak to shop manager when he's back (another delay) to see if they can come up with something reasonable. I'm happy to give them the opportunity to resolve the issue first.

I don't want the same brand, now twice I've had issues with them.

But great info to have up my sleeve if all I get back is 'store policy says...'. And yes, have kept records of every conversation, that's saved me more than once before.

 

[pink poodle]

Of course you're entitled to a refund or replacement. You just need to ask. I would of course be polite about it all, as the shop seems to working with you. But that doesn't excuse the fact that your bike is a dud. I would be telling them how I felt, perhaps via an email as that will remove risk of heated discussion and ensure clear statements. I would be giving 2 options...1) immediate solution such as new bike or repair done. 2) full refund. Allow them about a week to have the solution in your hand.

 

[Daniel Hale]

Msy Computers faced the wrath of the ACCC after trying to wash their hands of any and all warranty claims a couple of years ago from their customers. A retailer cannot diminish or cancel the provisions in Australian Consumer Legislation.

I purchase at MSY all the time, they made me go thru manufacturer for one fault I had with a cheapish item, was also in line one day when a guy went off his nut with a faulty hard drive, he wanted a refund even though he had already lodged a claim with manufacturer as per the manufacturer website/instructions..he started yelling & carrying on -finally the manager gave him a refund to just shut him up & he left. warranty is hard with them but usually their prices make up for it

 

[rowdyflat]

I would like to know the brand ?

 

[BB1]

Okay, for those of you playing along at home here's the latest. Was offered three good options by the store as part of resolution, two that involved mountain bikes near the purchase price figure and an alternative option of cheaper different style of bike with remainder refunded. I've taken the latter as I needed a good commuter and will wait for the right mtb to come up.

I have no doubt I could have pushed for refund if required after looking at QCAT and ACCC information, however this may have taken some pushing. I'm happy with the outcome, the shop still gets a sale and will retain me as a customer, and I'm able to resume the hunt for the right mtb.

Not sure what the rules are in terms of naming bikes, but let's just say I doubt I'll be buying anything French again anytime soon!

 

[Ivan]

Sounds like they made an effort mate, which is good.

 

[MARKL]

Sounds like a good result all round. Don't see any point in naming anyone, they have done the right thing by you

 

[dunndog]

Yeah good result. an amicable resolution for both parties and equally as important no sour grapes or bad tastes left. That can be the worst thing. And you're not stuck with a bike you kinda thought was ok but now don't - ie another similarly priced replacement. Well done all round.

 

[Tubeless]

Good luck with the new bike!

 

[mooboyj]

The best part is you found a decent shop!

Good luck on the MTB hunt.

 

[Elbo]

Glad it worked out! As a guy who works in a shop and has to deal with similar situations, it's nice to know there are reasonable people out there. The majority of shops will bend over backwards for you if you don't come in guns blazing and foaming at the mouth. Good result for all parties!

 

[Pennoir]

Similar issues with a new bike

I bought a new 2x10 MTB in May and I have had no end of problems with the gears.
The bike is $2000 one which I chose because the suspension has rebound adjusters as well as the lockouts on front and rear.
Anyway the problems started after the first service (10hr) when they adjusted the gears I think - the gears were working fine before the service but not after.
The bike went back to the shop to be reset when I explained the shifting problems and that it only started after the first service!
They could not fix it because I have since snapped 2 chains and twisted another one badly enough to warrant replacement.
Thats 3 chains on a new bike!
I have ridden pushies all my life and never snapped a chain.
I have never spent more than about $500 on a new bike either.

The latest is that I have convinced them that the free hub is F***ed because it growls the way a rooted bearing does and there is a fair bit of play when you test it at the largest ring of the cassette - compared to all other bikes in the shop there should be no discernable freeplay.
We are now waiting for Shimano to "approve" a new freehub under warranty.
I am totally sick of this shit and not 100% sure the freehub is the problem causing the shifting issues.
The store owner understands my frustration as I have explained I have had far cheaper bikes with much better gears than this one, a $2000 bike should not be snapping chains or be unreliable when shifting gears! It should just work, and work better than my old $500 hard tail does.
Thank God I have kept the old hardtail as a reserve bike.

I am now at the end of my patience.
If Shimano do not replace the freehub or if the freehub is not the cause, the bike will be delivered back to the store for a full refund or replacement bike.
Failing this the Office of Fair Trading will be my final stand.

End of rant.
Thank you.