I am fine with working on the assumption that the work carried out was done in a manner that it did not cause the failure.
________________________________
From: Don Hanson
To: D Grab
Cc: saunders_dan@yahoo.com; OBRA ; Evan Plews
Sent: Monday, June 8, 2009 7:05:04 AM
Subject: Re: [OBRA Chat] Jury of peers needed
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
>
_________________________________________________________________
Windows Live™ SkyDrive™: Get 25 GB of free online storage.
http://windowslive.com/online/skydrive?ocid=TXT_TAGLM_WL_SD_25GB_062009
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org