LBS Advice

[plainlazy]

I brought a new GT Zaskar carbon Expert from my local bike shop in October 2009 for £1499. My intention was to start racing on it but with One thing and another i never did start a race on it and it has sat in my shed ever since.
Then in May 2011, having only done 111 mile on it ( mostly on a disused railway line) the front suspension stopped working ( Rockshox Reba SL ).
I took it to the shop i brought it from and they said that the warranty had run out, so i had to pay for any repairs.
They checked them over and said that a O ring had gone and charged me £45 to fix it.
Yesterday i used the bike on my daily commute ( 20 miles) and guess what happened ? Yes the front suspension went again and it feels like the same problem.
Now i have only done 131 mile on the bike, this shows on the computer but just looking at the bike you can see this is true.
I took the bike to the bike shop this morning, explaining that this is the second time this has now happened and that as the bike has only coverd 131 mile there must be a fault with the forks.
There said they would look at them but the forks may need to be sent off the a fork specialist to be looked at and this could cost me between £75-£100.
What do i do ? Pay the money and hope they get fixed or kick up about how little use thay have had and that i am not going to throw any more money at them.
Any suggustions or advice would be greatly appreciated.

 

[sabian92]

In their defence, once the warranty has run out, they aren't liable to fix regardless of how far you've actually ridden them for. I'd just get a set of new forks instead, if they're faulty you may as well save the £100 to get them looked at and put it towards new ones instead.

 

[feelfattergoinguphill]

In their defence nothing... awful from the LBS.
With regards to the OP having no comeback as its out of warranty, well thats simply not true and a wrongly held belief thats costs us consummers dear.I am not a lawyer so cant give definative guideline but the way I understand it too work is wether its "reasonable" that any goods have failed given time since sale, amount of usage ,and cost etc
When lcd big screens first came out id bought 42 inch @ £1500 it failed just out of warranty, unamed high street(retail park) store gave me the warranty bit, I explained and gave examples of the reality of consummer rights, and was fixed.
As it was an expensive tv and a premium brand that would be unreasonable it failed, if was a no-name cheapo one well thats a different matter.
I would imagine as hes had so so little use and the general state ie lack of any wear would support this the OP would have an extremely strong case, (although it could be argued that something is bound too seize up iof sat in a shed for a year)
However whats not "reasonable"is that they "identified" the problem and charged £45 to fix which they didnt.
Personally id take too another shop preferably one thats a forks specialist,authorised by maker, or if thats still gonna be steep buy a new one. Either way id at least want my £45 back

 

[BikeLiker]

Hmm, disappointing but I don't think there's much you can do. The problem with forks is that the stanchions corrode, especially if they're not used and therefore not coated with fork oil, so when you do use them the corrosion immediately damages the seals. You might have hoped that the LBS would be a bit more understanding but there is no real legal case: the onus of proof that the item was defective under the Sale of Goods Act only rests with the seller for the 1st 6 months. After this it is generally accepted that the buyer has another 6 months where, if they can prove that the goods were not fit for purpose, they can be be refunded. Over 12 months after purchase it is exceptional to win a SoGA case.
Of course, you can always try to blag/ beg / threaten in the hope that the LBS comes up with something and, if not, don't use them again.

 

[sabian92]

In their defence nothing... awful from the LBS.
With regards to the OP having no comeback as its out of warranty, well thats simply not true and a wrongly held belief thats costs us consummers dear.I am not a lawyer so cant give definative guideline but the way I understand it too work is wether its "reasonable" that any goods have failed given time since sale, amount of usage ,and cost etc
When lcd big screens first came out id bought 42 inch @ £1500 it failed just out of warranty, unamed high street(retail park) store gave me the warranty bit, I explained and gave examples of the reality of consummer rights, and was fixed.
As it was an expensive tv and a premium brand that would be unreasonable it failed, if was a no-name cheapo one well thats a different matter.
I would imagine as hes had so so little use and the general state ie lack of any wear would support this the OP would have an extremely strong case, (although it could be argued that something is bound too seize up iof sat in a shed for a year)
However whats not "reasonable"is that they "identified" the problem and charged £45 to fix which they didnt.
Personally id take too another shop preferably one thats a forks specialist,authorised by maker, or if thats still gonna be steep buy a new one. Either way id at least want my £45 back

It's not the shop's fault that it failed after 2 years. A warrenty is (usually) 12 months - after that, it isn't their responsibility regardless of if you've ridden it to the shops once or been on a world tour and back. It wouldn't happen if you didn't drive a car until the warrenty ran out and you took it back because the engine wasn't working properly, so why should it apply here?

 

[Muddy Ground]

The warranty on the bike may not have lapsed, as good old European law may give up to two years warranty. http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html

Even if the two year span is a grey area, I'd be tempted to push strongly on the repair. If they've not repaired them to the standards of a reasonable bike shop, then it's their fault. I'd not give up on the original warranty, but would chase them down for a re-repair on their work plus I'd be tempted to reject the bike as well.

MG

 

[apollo179]

You may be out of luck on the warranty but you definitely have a legitimate complaint about the repair work.
Take it back to the lbs that did the repair.

 

[siadwell]

It's not the shop's fault that it failed after 2 years. A warrenty is (usually) 12 months - after that, it isn't their responsibility regardless of if you've ridden it to the shops once or been on a world tour and back. It wouldn't happen if you didn't drive a car until the warrenty ran out and you took it back because the engine wasn't working properly, so why should it apply here?

Because the retailer's responsibility does not end when any warranty expires. You have up to 6 years to approach a retailer with a claim about an item.

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.

If what BikeLiker says is true that lack of use means that parts are liable to fail as they have not been lubricated (especially if this is mentioned in the fork instruction manuals), I would have thought that the OP wouldn't have much of a case against the retailer for the original problem.

 

[plainlazy]

Thanks for all your reply and advice.
The bike is in the shop, as i write but i have yet to hear from them.
I agree that the first time the seal went, it could have been down to lack of use. But when it went for the second time after only 20miles, i am beginning to think that the forks were made on a friday afternoon, if you know what i mean !
I have done a bit of researching on the net and have found that this is a common problem on this particular model and year. I may suggest to the LBS to send them back to Rockshox.

 

[addictfreak]

If you have no joy with the LBS why not contact rockshox. You never know if you explain the story to them they may help.

Incidentally I have reba sl forks on my MTB, had it since 2008 done many many miles and not been serviced once! Still going strong and as good as new. IMHO there is an underlying problem with yours, so all the more reason to contact rockshox directly. You have nothing to loose.

 

[Globalti]

Contact Rockshox (actually Fisher Outdoor, the importer) I had exactly the same problem with my Rebas, they were over a year old but hadn't done more than 100 miles yet they were pissing oil from the top of the RH fork leg. Took them back to the dealer who snarled at me "You're supposed to service them!" kept them a week and when i got them back they were no better. So I rang Fisher who couldn't have been more charming and sympathetic, inviting me to send the Rebas straight back. They were returned to me a week later repaired though by then I had fitted some rigid carbon forks to my MTB and I realised you don't actually need suspension so I have never used the Rebas and intend to Ebay them. ....and pause for breath.

 

[Chutzpah]

Just to add to other advice here, I agree with those mentioning that:

1. You are covered under the Sales of Good Act for up to six years depending on what you've purchased. I think that it's safe to say that a bike is expected to last more than six years...
2. However, as you purchased the item more than six months ago the onus is on you to prove that it is a manufacturing fault/poor design. It is likely that you'd have to pay an expert for this, because otherwise the LBS would argue that you haven't proved it was present as a problem when you purchased it

If it is proven to be poor design or an inherent flaw, they would have to at least attempt a repair first, if that wouldn't work a replacement, then finally give you your money back

n.b. there would be nothing stopping them jumping straight to giving you your money back, just that they have to at least offer to try a repair as the smallest gesture

Muddy Ground mentions the EU legislation, whilst this is indeed in place it's worth noting that in many ways the Sales of Goods Act actually provides UK citizens with more protection.

 

[smithy92]

With regards to the sales of goods act, a product is not covered for "6 years" as many people believe. 6 years is simply the length of time you have to put a claim in that they were faulty at the time of purchase or have an inherrent manufacturing fault.

 

[Chutzpah]

Yup, and then the question of quality and "fit for purpose" comes in. A pair of £1 shoes probably isn't expected to last six years. But a bike? Definitely.

Anything that isn't wear and tear isn't expected on a purchase like a bike IMO.

 

[plainlazy]

Just a quick update- the bike shop has sent the forks to Fisher Outdoors. Lets see what they say !