Is my seatstay broken? Pics!

Wilmer000 wrote:

If the bike is less than 6 months old, the retailer is obliged to prove that this is not a fault. They can't wave their hands and say "it must have been this or that" or otherwise speculate or cast blame. They need to come up with evidence of mistreatment likely to result in this kind of failure. If they cannot prove the item was supplied without fault when you bought it then they are obliged to repair or exchange at minimum inconvenience to the purchaser, including return costs or the costs of a special trip to return the item to where you bought it (unless it clearly stated you would need to take/send it elsewhere at the time)

You are not required to negotiate with the manufacturer - they are not liable until there's injury/damage claim anyway - It is down to the retailer to investigate properly, involving the manufacturer as necessary in order to provide this proof. 

If the proof offered is unsatisfactory, then it's off to Citizens advice/Trading Standards for you.

Ditto if they refuse to engage with the issue.

Which.co.uk have a good page on this at /consumer-rights/regulation/consumer-rights-act

Good Luck!

 

Thanks a bunch Willmer000, wasn't aware of that. Going to look more into it! 

duckbill wrote:

I must admit when i first saw the photo i thought it looked liked crush or impact damage. I cant really see how it could crack there through normal use. Like something fallen on it in the Garage? I can see why Bianchi are challenging the claim.

Yeah that seems to be the general opinion at first sight. Either the kids or garage that I don't have either of

Something happened to it two Sundays ago almost certainly as I'd have noticed when washing it the Sat evening before. Maybe something kicked up from the road. No clue, and at this point I can't see me finding out as no-one offers any possibility other than something fell on it. It sits in the hallway by itself, nothing there other than a trackpump. 

Even the side it faces means that side is protected against the left hand wall as I wouldn't turn the bike around as I roll it in. 

Lincolndave wrote:

Any more news on the frame ?

Hoping to get some movement this week on it.. communications sort of died of last week. Will update with any progress made though, finger's crossed 

Grahamd wrote:

Have you considered Section 75 of consumer  credit act if you paid by credit card? Would be a good place to start.

Didn't acually but yes I did put the bike on a credit card so this is definitely worth looking into if it all goes boobs up. Good thinking thanks!

matthewn5 wrote:

This sounds like the US case. The guy persisted and he did get a replacement frame, eventually:

http://forums.roadbikereview.com/bianchi/cracked-infinito-frame-262178-8... (all 9 pages)

Thanks, reading through that at the moment!

matthewn5 wrote:

I've seen a similar case on another forum with the previous model Infinito in the US.. the dealer argued that it was caused by a stick picked up and flung into the spokes - it can happen. They did replace the frame eventually though.

Let us know how you get on?

Bianchi turned me down today. Said it was caused by some sort of impact therefore not covered by warranty. Not sure what to do next. I'm dealing with the retailer who's in the middle, so I've no direct communication with them.

Offered me a new frame at over 2 grand..that's after the 20% discount!

Can I press them on it?