> web guy wrote:
>> I am in the market for a new road bike. I often browse manufacturer's
>> web sites for prices and specs on various bikes.
>> "Specifications subject to change without notice" is a disclaimer I
>> read on every bike that interests me. How often does the manufacturer
>> change the published specifications on a bike?
>> Is this a rare or common occurance.
>> If a bike is ordered for me by my local shop and it does not match the
>> specs as published am I obligated to accept the bike?
Brian Peppers wrote:
> Yes, if it included that disclaimer. Only recourse is small claims court.
> This disclaimer is increasingnly common with bikes that have a lot of China
> sourced parts, for obvious reasons.
> The majority of bike shops will stall and give you all manner of
> run-around, as it makes more sense to have these issues decided by lawyers,
> judges, and class-action.
I strenuously disagree.
Small Claims Court or any legal remedy is a complex expensive and
possibly even counterproductive route.
Better, simply do not pay for a bike which is not to your liking. I mean
it. Any attempt to coerce you into prepaying for a bike sight unseen is
a good reason to shop elsewhere. Just like a laptop, car, house, whatever.
If, on the other hand, you do look, touch, test ride the bike, then buy
it, and a hidden or misrepresented problem arises, _then_ the courts
offer you a route to relief _if_ the shop doesn't make you whole when
you ask them. But surely ask them first. Most people are reasonable.
Feckless maybe but reasonable, and usually not guilty of criminal fraud.
You can't be serious that a lawsuit (a class action lawsuit?!) should
precede a request for righting a bicycle part substitution gone awry?!?
--
Andrew Muzi
www.yellowjersey.org
Open every day since 1 April, 1971