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

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, which is why he was forced to file a complaint with a court in Córdoba.

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 when he saw it. "AFortunately, we have detected it. This was on its way to breaking. A mountain bike is subjected to a tremendous amount of force when it goes downhill.”

Besides, the mechanic assured him, it was a carbon problem. There was no hit. “Take it, the guarantee covers it", Told him.

Manuel Fernández wrote to Trek, who replied that this failure was not covered by the guarantee "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 occur in this case.

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 and 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 client" and generates trust in the brand, both in the quality and durability of the product and in the absence of any concern because 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 be responsible for that defect that was guaranteed for life when it is not unequivocal that the cause is external."