Bike frame misaligned by 7mm+ after just 13 months -- what would you do?

alexanderalexander

I bought a brand new bike online in May 2015 for £330 (reduced from £475 as it was end-of-line) and I was generally happy with it.


In June this year (i.e. when it was 13 months old) I took it to a bike shop as the gears were skipping a lot. The bike mechanic measured it and said that the frame was misaligned by at least 7mm, and that they consider anything more than a 5mm misalignment a write-off.


I had not had a crash or anything like that, and I would think it reasonable to expect a bike frame to last a lot longer than 13 months' normal usage. I was going to write to the retailer demanding redress under the Sale of Goods Act, but this page suggests that I would have to prove that the bike was faulty when I received it as I have had it for more than six months: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#goods


I don't think there's any way I can prove this other than providing the circumstantial evidence that a non-faulty bike frame simply shouldn't be misaligned by 7mm+ after 13 months of normal usage without any crashes; would that be enough? What would other people do? Also, what redress would you seek in these circumstances? A full refund?


Very grateful for any thoughts.

Keep_pedalling

The trouble is that in 13 months a bike can take a lot of punishment, with or without crashes, so proving an inherent fault is going to be near on impossible.

Nasqueron

Did they say the whole frame was misaligned and not just the gear hanger or something?

Johnmcl7

What bike is it, what shop did you by from and as above, what is actually out by 7mm?

Usually defects in frames are cracks or brakes which can happen a long time after the purchase, I can't think of hearing about a slight misalignment that's appeared as a defect as clearly if the gears were working initially the misalignment wasn't there when you bought it.

John

MEM62

Is there any paint cracking anywhere on the frame? This may help you to determine whether the alignment was out from manufacture or whether it has failed since. The fact that the gears stopped shifting properly is probably less reliable as an indicator because things like cables stretch, gear assemblies can get knocked etc.

alexanderalexander

Thank you for the replies. In response to specific questions:

• I think it is the whole frame which is misaligned. I am not very techie when it comes to bikes so I may not have asked the right questions, but from the way the mechanic was measuring it with giant calipers it looked like it was the whole frame.
• There isn't any obvious paint cracking on the frame.

I think we have established that I cannot exactly prove that there was no misalignment when I bought it. It seems, therefore, that any claim I made would be based on a contractual equivalent to a res ipsa loquitur ("the fact speaks for itself") principle in a negligence claim; i.e. that no bike frame which was of satisfactory quality and fit for purpose could conceivably become misaligned after just 13 months of entirely normal use.



So, in short, is it worth me trying to make a Sale of Goods Act claim against the shop or not?

agrinnall

It can't hurt to contact the seller, although I'm not sure I would be bringing SOGA into it in the first instance.

I'm not sure that this:

alexanderalexander wrote: »

i.e. that no bike frame which was of satisfactory quality and fit for purpose could conceivably become misaligned after just 13 months of entirely normal use.

is going to be of much help to you as you have no way to prove that it was "entirely normal use".

Mids_Costcutter

alexanderalexander wrote: »

Thank you for the replies. In response to specific questions:

• I think it is the whole frame which is misaligned. I am not very techie when it comes to bikes so I may not have asked the right questions, but from the way the mechanic was measuring it with giant calipers it looked like it was the whole frame.
• There isn't any obvious paint cracking on the frame.

I think we have established that I cannot exactly prove that there was no misalignment when I bought it. It seems, therefore, that any claim I made would be based on a contractual equivalent to a res ipsa loquitur ("the fact speaks for itself") principle in a negligence claim; i.e. that no bike frame which was of satisfactory quality and fit for purpose could conceivably become misaligned after just 13 months of entirely normal use.

So, in short, is it worth me trying to make a Sale of Goods Act claim against the shop or not?

Isn't the issue under examination under the Sale of Goods Act that goods should last a reasonable length of time and not whether the frame was faulty when you bought the bike? I don't think you'll find any bike shop, manufacturer or regular cyclist that thinks it's OK that a bicycle frame fails after only 13 months of normal use. They should last for years. I had a hybrid bike where the aluminum frame cracked just above the bottom bracket after three years use for commuting. The bike shop where I bought it took it back and replaced it with a similar model new bike without any dispute or any additional cost for me. Also I think that experienced mechanics / engineers are able to establish whether a frame was damaged in a crash or not.

So yes I would definitely go back to the retailer without delay after deciding whether you want an exchange or refund.

Johnmcl7

It's really difficult to offer any advice not knowing what bike it is, who the retailer is (some bike companies/retailers are better with after warranty issues), where the misalignment is and what caused it. Usually if the frame is misaligned, it's misaligned from the start (which it sounds like it wasn't for you since the frame was working for the initial 13 months) and if there's a manufacturing defect, it's usually more severe such as the frame cracking or fracturing.

I wouldn't go in all guns blazing with SOGA to the retailer, instead I'd get something concrete on exactly what the misalignment is and what possibly caused it - if it can be shown it's been flexing under power or something then that would give you a good case to go to the retailer with.

John

Mr_Singleton

My first thought would be what do you expect from such a cheap bike? then again its possible to repair a misaligned frame depending on the material etc but for such a cheap bike I doubt it would be financially viable.

Theres a lesson in there somewhere!

alexanderalexander

agrinnall wrote: »

I'm not sure that this:

is going to be of much help to you as you have no way to prove that it was "entirely normal use".

I think that this is the crux of the issue. I could send the bike back and they might then say "yeah we agree it's a write-off but we think you must've been in a crash or otherwise abused it so you're not getting a refund". Although I know in all honesty that I've used it normally, I have no way of proving it. In such an instance does anyone know how the burden of proof works in Sale of Goods Act type claims? At a cursory glance it looks like the burden is on the purchaser if it's more than six months from the sale date, which isn't great for me.

Johnmcl7 wrote: »

It's really difficult to offer any advice not knowing what bike it is, who the retailer is (some bike companies/retailers are better with after warranty issues), where the misalignment is and what caused it. Usually if the frame is misaligned, it's misaligned from the start (which it sounds like it wasn't for you since the frame was working for the initial 13 months) and if there's a manufacturing defect, it's usually more severe such as the frame cracking or fracturing.

I wouldn't go in all guns blazing with SOGA to the retailer, instead I'd get something concrete on exactly what the misalignment is and what possibly caused it - if it can be shown it's been flexing under power or something then that would give you a good case to go to the retailer with.

I meant to respond to your questions regarding the details of the bike. It's a Bobbin Kingfisher which I purchased online from Broadribb Cycles. As for where the misalignment is, I'm popping back to my local bike shop this afternoon so I'll ask them for more details then. Regarding what caused it, that's the million dollar question! Last time I was in the bike shop they informed me that they only saw misalignments that severe when a bike had been in a crash!

Mids_Costcutter wrote: »

Isn't the issue under examination under the Sale of Goods Act that goods should last a reasonable length of time and not whether the frame was faulty when you bought the bike? I don't think you'll find any bike shop, manufacturer or regular cyclist that thinks it's OK that a bicycle frame fails after only 13 months of normal use. They should last for years. I had a hybrid bike where the aluminum frame cracked just above the bottom bracket after three years use for commuting. The bike shop where I bought it took it back and replaced it with a similar model new bike without any dispute or any additional cost for me. Also I think that experienced mechanics / engineers are able to establish whether a frame was damaged in a crash or not.

So yes I would definitely go back to the retailer without delay after deciding whether you want an exchange or refund.

Interesting perspective; thank you. The bit I've put in bold in the quote rang true with me. If they'd marketed the bike saying it might be a write-off after 13 months of normal use I'd never have bought it, and I don't think anyone else would either. Reasonable expectations of frame life are simply much longer than that.

Mr_Singleton wrote: »

My first thought would be what do you expect from such a cheap bike? then again its possible to repair a misaligned frame depending on the material etc but for such a cheap bike I doubt it would be financially viable.

Theres a lesson in there somewhere!

Bike snob? I must break it to you that for a lot of people just shy of £500 (the genuine original price -- I researched it to confirm I was getting a real reduction) is actually quite expensive for a bike. There are plenty of people out there who buy £100 own-brand Halfords bikes.

By way of comparison, my previous bike was a Raleigh Oakland which I bought for £170 brand new back in 2009 (the current price of a comparable model is £220). I cycled 3000+ miles a year on it and left it locked out in the street in all weathers, and its frame was absolutely fine for six years before it cracked. Maybe I was just lucky with that one, but I bought this bike with the specific intention that it'd be a significant upgrade from my previous so I could benefit from better quality frame and components, so I think you will probably understand that I'm disappointed.

I think if there is a lesson I'm going to take from this debacle it is not to buy online, as if I'd bought from my good local bike shop any initial manufacturer's defects or damage during transit should've been spotted by the mechanic during assembly, and if not as a regular customer I suspect they would have dealt sympathetically with later problems.