Cycling news

A cyclist wins a trial against Trek for a crack in his bicycle frame

Trek will have to fulfill its "lifetime warranty", change the frame and pay the rider for the expert testimony

We echo this news published by the diary where they explain how a cyclist who detected a fissure in you cFrame of a Trek Procaliber 9.7 valued at € 2.500, so he claimed the brand but they said it was not under warranty.

Trek offers a «Lifetime warranty»In the paintings, that is why he was forced to complain to a Cordoba court.

What has happened?

In a review carried out in 2019, a crack was detected in a very hidden place in the frame »THE mechanic commented upon seeing it. "TOFortunately, we have detected it. This was on the way to breaking. A mountain bike is subjected to a lot of force when it goes down ”.

Besides, the mechanic assured him, it was a carbon problem. There was no hit. «Take it, it's covered by the warranty », Told him.

Manuel Fernández wrote to Trek, who replied that this breakdown was not under warranty «LThe breakage of the sheath is not due to any manufacturing or material defect. The damage has been caused by pressure from outside«.

Trek's endorsed warranty goes beyond the statutory two years. The company guarantees its paintings against manufacturing or material defects "Throughout its useful life", with some exceptions that do not exist in this case.

A cyclist wins a trial against Trek for a crack in his bicycle frame

The expert's report

Then Manuel went to the Córdoba College of Experts and requested a independent study.

The report, signed by an industrial technical engineer, concluded that the fracture had been caused "by a failure in the structure of the material." That is, it came from the factory.

The manufacturer offered the owner a new frame on several occasions, but he did not accept, so they sued and went to court. They had already paid 373,89 euros in the expert opinion, so they wanted the company to cover it.

Sentence

Finally a court in Córdoba has sentenced Trek to change the frame of a bicycle ya pay him the 373,89 euros that he disbursed for the expert report.

The final judgment considers that the additional commercial guarantee offered by Trek "It implies a commitment to the customer" and generates in this a confidence in the brand, both in the quality and durability of the product and in the absence of any concern that the manufacturing defect manifests itself after the legal term«.

«It could be said that this commercial guarantee is much broader than the legal one«, Exposes the judge.

The manufacturer "must answer for this defect that was guaranteed for life when it is not unequivocal that the cause is external."

 

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