New member! New ride! But..... :(
12-01-12, 10:13 AM
#26
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Is that, before they "closed" for the day, or before they went out of business, "closed"?
Whatever the case may be, take it back and demand a full refund!
Tell them that after that stunt, you no longer want to do business with them...
If they don't cooperate, then just leave the bike there, walk out, and sue them 'til kingdom comes!
Make certain that you take more pictures...
Record all telephone conversations....
Whatever the case may be, take it back and demand a full refund!
Tell them that after that stunt, you no longer want to do business with them...
If they don't cooperate, then just leave the bike there, walk out, and sue them 'til kingdom comes!
Make certain that you take more pictures...
Record all telephone conversations....
Last edited by SlimRider; 12-01-12 at 10:21 AM.
12-01-12, 10:14 AM
#27
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12-01-12, 10:19 AM
#28
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If he was sold this bike as new then he has an absolute right for a complete refund/exchange- that would be a case of fraud. If he was sold the bike as used or floor model with use- then it is the OP's responsibility to know what he is getting.
12-01-12, 01:16 PM
#29
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Thanks for all the comments. To clarify, I went in before the shop closed for the night. I took it back a few days later and the manager checked out the damage visually, and said it was most likely cosmetic. The bike was sold as new, as it was definitely not tagged as a used or a demo bike.
There was one response in this thread that noted that the damage was down to the "white" part of the carbon. How much damage is that to the structure of the area actually? Is that area easily prone to failures resulting from damage like this?
If the shop refuses to replace it, would I have to make a claim to the manufacturer directly?
There was one response in this thread that noted that the damage was down to the "white" part of the carbon. How much damage is that to the structure of the area actually? Is that area easily prone to failures resulting from damage like this?
If the shop refuses to replace it, would I have to make a claim to the manufacturer directly?
12-01-12, 01:26 PM
#30
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Did you pay full price for that bike?
It's very used.
It's very used.
12-01-12, 01:46 PM
#31
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Thanks for all the comments. To clarify, I went in before the shop closed for the night. I took it back a few days later and the manager checked out the damage visually, and said it was most likely cosmetic. The bike was sold as new, as it was definitely not tagged as a used or a demo bike.
There was one response in this thread that noted that the damage was down to the "white" part of the carbon. How much damage is that to the structure of the area actually? Is that area easily prone to failures resulting from damage like this?
If the shop refuses to replace it, would I have to make a claim to the manufacturer directly?
There was one response in this thread that noted that the damage was down to the "white" part of the carbon. How much damage is that to the structure of the area actually? Is that area easily prone to failures resulting from damage like this?
If the shop refuses to replace it, would I have to make a claim to the manufacturer directly?
Take pictures! Take the bike back and leave it!
Next, contact the BBB and wait for 2-3 weeks for a settlement, no longer!
Record every single interaction that you have with them...
After 3 weeks, if not satisfied, go directly to small claims court!
PS.
Keep us updated and post every interaction result here at BF, as a record.
Last edited by SlimRider; 12-01-12 at 01:53 PM.
12-01-12, 01:57 PM
#32
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One thing you can do.
Under the bike's bottom bracket is a serial number. Most Cervelo owners' would register that number immediately. If its used, then that number is already registered to the first owner.
Cervelo has its web site and that's where the registering is done, I believe.
Under the bike's bottom bracket is a serial number. Most Cervelo owners' would register that number immediately. If its used, then that number is already registered to the first owner.
Cervelo has its web site and that's where the registering is done, I believe.
12-01-12, 02:15 PM
#33
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Man up and take the bike back for refund or in exchange for a new frame. Obviously you regret about this purchase. Please don't wait.
12-01-12, 03:30 PM
#34
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In the event that the shop refuses to cooperate with you, then just do the following:
Take pictures! Take the bike back and leave it!
Next, contact the BBB and wait for 2-3 weeks for a settlement, no longer!
Record every single interaction that you have with them...
After 3 weeks, if not satisfied, go directly to small claims court!
PS.
Keep us updated and post every interaction result here at BF, as a record.
Take pictures! Take the bike back and leave it!
Next, contact the BBB and wait for 2-3 weeks for a settlement, no longer!
Record every single interaction that you have with them...
After 3 weeks, if not satisfied, go directly to small claims court!
PS.
Keep us updated and post every interaction result here at BF, as a record.
12-01-12, 03:45 PM
#35
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good luck, teamS5. hopefully it was just a honest mistake by the person who sold you the bike and you get a new one or your money back.
12-01-12, 04:06 PM
#36
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...We're not talkin' any repairs here....
PS.
Who pays full price for a brand new bike that needs "repairs"?
Last edited by SlimRider; 12-01-12 at 04:10 PM.
12-01-12, 04:54 PM
#37
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12-01-12, 05:04 PM
#38
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That's not a new bike. It was used a lot. It was most likely someone from the shop's bike for a while or a team or someone that they "sponsored".
That damage is fairly common for Cervelos. I have seen it happen a lot. It happens when the chain drops from poo FD adjustment and then chainsucks between the inner ring and the frame. It is ALWAYS because of poor fd adjustment. I know a guy who ended up threatening to sue everyone and calling cervelo so many times that he ended up getting a deal on a NOS frame. That guys is also a major d'bag with absolutely nothing better to do with his time other than spend all of his day chasing down something like this. Now Cervelo has changed hands, etc.
1. Is the damage "bad" - as in "OMFG this thing is going to explode of you touch it" bad? No. There is so much reinforcement in that area that you could paint it and forget it's there and be fine on it for as long as you own the bike. This is most likely why the shop is saying the words "cosmetic".
2. It is not "cosmetic". it has gone through the paint and into the base material of the frame. Cosmetic is a scratch.
3. That bike should have never been sold as a "new" bike.
4. There's no need to f around with the BBB, record conversations, etc.... That's the kind of advice that is given by the scum of the earth. Other people call them lawyers.
5. Be honest. Be up front. Tell the owner what you think. Tell them straight up that you're not happy, you're concerned, that's more than cosmetic damage. They are not carbon frame builders and not qualified to asses the current state of the frame. That you don't feel that the bike should have been sold to you as "new" when it was in this condition and that it's a real PITA to have to deal with any of this instead of spending your time riding you new bike like you had intended.
6. Know what will make you happy before you go in. right now it doesn't seem like you really know. It seems like you really want to know it's safe and that after that the rest is details. Be up front with them and tell them that them telling you that it's cosmetic doesn't satisfy your feelings. Maybe a solution is to have them strip the frame and send it to Rukus, Calfee, etc and have them assess the state of the frame and/or repair and repaint it. It would only cost them a few hundred $ and that's a bargain on their end considering how much more they got in the initial sale by selling it as new.
That damage is fairly common for Cervelos. I have seen it happen a lot. It happens when the chain drops from poo FD adjustment and then chainsucks between the inner ring and the frame. It is ALWAYS because of poor fd adjustment. I know a guy who ended up threatening to sue everyone and calling cervelo so many times that he ended up getting a deal on a NOS frame. That guys is also a major d'bag with absolutely nothing better to do with his time other than spend all of his day chasing down something like this. Now Cervelo has changed hands, etc.
1. Is the damage "bad" - as in "OMFG this thing is going to explode of you touch it" bad? No. There is so much reinforcement in that area that you could paint it and forget it's there and be fine on it for as long as you own the bike. This is most likely why the shop is saying the words "cosmetic".
2. It is not "cosmetic". it has gone through the paint and into the base material of the frame. Cosmetic is a scratch.
3. That bike should have never been sold as a "new" bike.
4. There's no need to f around with the BBB, record conversations, etc.... That's the kind of advice that is given by the scum of the earth. Other people call them lawyers.
5. Be honest. Be up front. Tell the owner what you think. Tell them straight up that you're not happy, you're concerned, that's more than cosmetic damage. They are not carbon frame builders and not qualified to asses the current state of the frame. That you don't feel that the bike should have been sold to you as "new" when it was in this condition and that it's a real PITA to have to deal with any of this instead of spending your time riding you new bike like you had intended.
6. Know what will make you happy before you go in. right now it doesn't seem like you really know. It seems like you really want to know it's safe and that after that the rest is details. Be up front with them and tell them that them telling you that it's cosmetic doesn't satisfy your feelings. Maybe a solution is to have them strip the frame and send it to Rukus, Calfee, etc and have them assess the state of the frame and/or repair and repaint it. It would only cost them a few hundred $ and that's a bargain on their end considering how much more they got in the initial sale by selling it as new.
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12-01-12, 05:39 PM
#39
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That's not a new bike. It was used a lot. It was most likely someone from the shop's bike for a while or a team or someone that they "sponsored".
That damage is fairly common for Cervelos. I have seen it happen a lot. It happens when the chain drops from poo FD adjustment and then chainsucks between the inner ring and the frame. It is ALWAYS because of poor fd adjustment. I know a guy who ended up threatening to sue everyone and calling cervelo so many times that he ended up getting a deal on a NOS frame. That guys is also a major d'bag with absolutely nothing better to do with his time other than spend all of his day chasing down something like this. Now Cervelo has changed hands, etc.
1. Is the damage "bad" - as in "OMFG this thing is going to explode of you touch it" bad? No. There is so much reinforcement in that area that you could paint it and forget it's there and be fine on it for as long as you own the bike. This is most likely why the shop is saying the words "cosmetic".
2. It is not "cosmetic". it has gone through the paint and into the base material of the frame. Cosmetic is a scratch.
3. That bike should have never been sold as a "new" bike.
4. There's no need to f around with the BBB, record conversations, etc.... That's the kind of advice that is given by the scum of the earth. Other people call them lawyers.
5. Be honest. Be up front. Tell the owner what you think. Tell them straight up that you're not happy, you're concerned, that's more than cosmetic damage. They are not carbon frame builders and not qualified to asses the current state of the frame. That you don't feel that the bike should have been sold to you as "new" when it was in this condition and that it's a real PITA to have to deal with any of this instead of spending your time riding you new bike like you had intended.
6. Know what will make you happy before you go in. right now it doesn't seem like you really know. It seems like you really want to know it's safe and that after that the rest is details. Be up front with them and tell them that them telling you that it's cosmetic doesn't satisfy your feelings. Maybe a solution is to have them strip the frame and send it to Rukus, Calfee, etc and have them assess the state of the frame and/or repair and repaint it. It would only cost them a few hundred $ and that's a bargain on their end considering how much more they got in the initial sale by selling it as new.
That damage is fairly common for Cervelos. I have seen it happen a lot. It happens when the chain drops from poo FD adjustment and then chainsucks between the inner ring and the frame. It is ALWAYS because of poor fd adjustment. I know a guy who ended up threatening to sue everyone and calling cervelo so many times that he ended up getting a deal on a NOS frame. That guys is also a major d'bag with absolutely nothing better to do with his time other than spend all of his day chasing down something like this. Now Cervelo has changed hands, etc.
1. Is the damage "bad" - as in "OMFG this thing is going to explode of you touch it" bad? No. There is so much reinforcement in that area that you could paint it and forget it's there and be fine on it for as long as you own the bike. This is most likely why the shop is saying the words "cosmetic".
2. It is not "cosmetic". it has gone through the paint and into the base material of the frame. Cosmetic is a scratch.
3. That bike should have never been sold as a "new" bike.
4. There's no need to f around with the BBB, record conversations, etc.... That's the kind of advice that is given by the scum of the earth. Other people call them lawyers.
5. Be honest. Be up front. Tell the owner what you think. Tell them straight up that you're not happy, you're concerned, that's more than cosmetic damage. They are not carbon frame builders and not qualified to asses the current state of the frame. That you don't feel that the bike should have been sold to you as "new" when it was in this condition and that it's a real PITA to have to deal with any of this instead of spending your time riding you new bike like you had intended.
6. Know what will make you happy before you go in. right now it doesn't seem like you really know. It seems like you really want to know it's safe and that after that the rest is details. Be up front with them and tell them that them telling you that it's cosmetic doesn't satisfy your feelings. Maybe a solution is to have them strip the frame and send it to Rukus, Calfee, etc and have them assess the state of the frame and/or repair and repaint it. It would only cost them a few hundred $ and that's a bargain on their end considering how much more they got in the initial sale by selling it as new.
12-01-12, 06:15 PM
#40
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You already bought it. They probably don't want it back. Why would the manufacturer even care, really? Your LBS is probably lurking this very thread.
12-01-12, 07:13 PM
#41
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Just bear in mind and remember:
If that LBS refuses to listen to your heart-felt feelings and they demonstrate they couldn't give two shakes about your honesty, you're going to end up where these cases frequently end up, in court!
In court, your feelings won't matter there either. Only evidence and recorded transmissions will matter there. In order, to show that you've done your part to settle out of court, it will be necessary to show that you tried to work with these idiots through the BBB. The court will respect that effort, as they always do.
When you furthermore show that you have recorded conversations or messages in text, demonstrating their unwillingness to cooperate, the court will consider that as well.
In the end, with "proof" and "evidence", your feelings will become even more important to the only one they really should matter to.... Yourself!
If that LBS refuses to listen to your heart-felt feelings and they demonstrate they couldn't give two shakes about your honesty, you're going to end up where these cases frequently end up, in court!
In court, your feelings won't matter there either. Only evidence and recorded transmissions will matter there. In order, to show that you've done your part to settle out of court, it will be necessary to show that you tried to work with these idiots through the BBB. The court will respect that effort, as they always do.
When you furthermore show that you have recorded conversations or messages in text, demonstrating their unwillingness to cooperate, the court will consider that as well.
In the end, with "proof" and "evidence", your feelings will become even more important to the only one they really should matter to.... Yourself!
12-01-12, 07:53 PM
#42
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Let me get this straight,you go to a LBS to buy a new bike.They sell you a used bike as a new bike.I don't see these dirt balls trying to make it right.Plus it sounds like more is involved here. I have bought a few new bikes and i tell you what i really really look them over.Everything has that crisp new look and feel to it.Short of shoving it up someones #%^ at the shop what other recourse expext the court is there?
12-01-12, 08:36 PM
#44
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12-01-12, 08:40 PM
#45
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In the event that the shop refuses to cooperate with you, then just do the following:
Take pictures! Take the bike back and leave it!
Next, contact the BBB and wait for 2-3 weeks for a settlement, no longer!
Record every single interaction that you have with them...
After 3 weeks, if not satisfied, go directly to small claims court!
PS.
Keep us updated and post every interaction result here at BF, as a record.
Take pictures! Take the bike back and leave it!
Next, contact the BBB and wait for 2-3 weeks for a settlement, no longer!
Record every single interaction that you have with them...
After 3 weeks, if not satisfied, go directly to small claims court!
PS.
Keep us updated and post every interaction result here at BF, as a record.
But we haven't given the store a chance to fix things yet.
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12-01-12, 09:07 PM
#46
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That's not a new bike. It was used a lot. It was most likely someone from the shop's bike for a while or a team or someone that they "sponsored".
That damage is fairly common for Cervelos. I have seen it happen a lot. It happens when the chain drops from poo FD adjustment and then chainsucks between the inner ring and the frame. It is ALWAYS because of poor fd adjustment.
That damage is fairly common for Cervelos. I have seen it happen a lot. It happens when the chain drops from poo FD adjustment and then chainsucks between the inner ring and the frame. It is ALWAYS because of poor fd adjustment.
12-01-12, 09:26 PM
#47
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Besides...
We already know where the store is coming from, if they're talkin' that cosmetic crap!
Last edited by SlimRider; 12-01-12 at 09:29 PM.
12-01-12, 11:13 PM
#48
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12-01-12, 11:17 PM
#50
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Bike shop scam alert. Take it back, tell them to have a new one in your hands in a week, and make it clear that either that or a refund are their options, and that you are confident small claims court will see it your way. If you put it on a credit card, feeze the charge if they don't reverse it or replace the charge immediately.
They effing knew that bike should never have been sold that way. That is farked.
They effing knew that bike should never have been sold that way. That is farked.
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