Don Hanson
Not such a simple case. When someone worked on the frame and then it
broke..another element is introduced. Did that work cause the failure?
Don Hanson
On Mon, Jun 8, 2009 at 6:54 AM, D Grab wrote:
> Let loose the litigious hell-hounds of small-claims court!
>
> oh, yeah try a google search of "caveat emptor" for an appropriate legal
> precedent.
>
>
> --- On *Sun, 6/7/09, Evan Plews * wrote:
>
>
> From: Evan Plews
> Subject: Re: [OBRA Chat] Jury of peers needed
> To: saunders_dan@yahoo.com, "OBRA"
> Date: Sunday, June 7, 2009, 11:17 PM
>
>
>
> Since Mr Saunders wants to introduce this to the public forum, I would like
> to clarify the statment "cash for work required to get it going"
>
> The frame required complete tapping and facing of the BB shell (I knew this
> upfront). However it also needed reaming of the seattube as the welds were
> protruding into the tube from both the seatstay and toptube.
>
> Most expensive however was the fact that the internal headset diameter had
> never been reamed or faced to the proper spec for the Cane Creek press-fit
> headset standard. This requires a special tool as well.
>
> I am only asking for $100 to cover all the frame prep that was NOT
> disclosed up front and that is still considerably less than my out-of-pocket
> expenses to "get it going".
>
> Sorry to bore you all with the details.
>
>
>
>
>
>
>
>
>
>
>
> ________________________________
> > Date: Sun, 7 Jun 2009 23:01:35 -0700
> > From: saunders_dan@yahoo.com
> > To: obra@list.obra.org
> > Subject: [OBRA Chat] Jury of peers needed
> >
> >
> >
> > Greetings OBRA-land.
> >
> > I realize no-one knows me from any races as my plans for cx were cut
> short last year by a run-in with a car. Needless to say, I'll be out there
> this fall/winter and am riding as much as I can now.
> >
> > The situation is this. A few months back I posted a Kinesis MTB frame for
> sale. This frame was never built and was given to me with the understanding
> that it was a rideable frame. It did have a BB that would require a press-in
> BB, but other than that, all measurements seemed standard. The frame was
> considered their "pro" I believe, and had a carbon fiber seat (mono)stay. I
> chose not to build this bike and put it up to trade. Mr. Evan Plews took me
> up on the trade for a pair of shifters and a cassette that I have not yet
> put to use. We met, exchanged parts/frame and parted ways.
> >
> > Last week, I received an email from Mr. Plews letting me know that he
> broke the frame (I belive at the top of the monostay...I'd call it the
> 'yoke') after less than 200 miles. He is requesting either: cash for the
> work required to get it going (which is not an option), or return of the
> parts he traded me.
> >
> > My question to you: Should I return the shifters & cassette to Mr. Plews?
> It's a bit of a dillema for me as I am generally a pretty nice guy, but an
> exchange is an exchange. No warranties were part of the exchange. So, your
> answers will be the determining factor. All unique responses (based on email
> addresses) will be accepted until 7pm, this Tuesday, June 9th.
> >
> > I'm sure obra would appreciate off-line responses, but clarification
> questions/answers will be shared, and I will oblige by the tally created
> (yes, I can be trusted).
> >
> > Thank you for your input.
> >
> > Dan
> >
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