Got it today…hooray! BUT it the right chainstay is cracked! Now the dealer has to file a claim with UPS! What a nightmare 
In two days theres a post about a stolen P3C and now this. Double bummer.
Guess I’d better hang on to my p2k a little longer.
"Guess I’d better hang on to my p2k a little longer. "
Yes, clearly God hates P3C’s… 
At least you got your bike. Last month FedEx lost my Softride Rocket TT
Damn, Flanagan, I’m sorry to here about your P3C. I hope it gets turned around for you quickly.
Good Luck.
Got it today…hooray! BUT it the right chainstay is cracked! Now the dealer has to file a claim with UPS! What a nightmare
I hope the dealer refunded your money or immediately sent you another one.
They have another one that is the same size that they have set aside. They should send that to me right, since I have no culpability in it. The more I think about it, the stronger I feel that I shouldn’t have to wait for them to settle with the insurance companies. I paid, they shipped and it arrived in less than acceptable condition; they should send me the other one right? Sometimes I am too nice of a guy. I don’t want to get mad, but at the same time I don’t want to get screwed.
They have another one that is the same size that they have set aside. They should send that to me right, since I have no culpability in it. The more I think about it, the stronger I feel that I shouldn’t have to wait for them to settle with the insurance companies. I paid, they shipped and it arrived in less than acceptable condition; they should send me the other one right? Sometimes I am too nice of a guy. I don’t want to get mad, but at the same time I don’t want to get screwed.
In general your contract, as it were, with the bike shop is that you paid for a bike (specifically a P3C) that could be used for its intended purpose. What you received was an unrideable bike. The terms of the actual or implied contract between you and the shop were not fulfilled by the bike shop in that regard. The claim for the damage is between the shop and UPS and is of no issue to you and your implied or actual contract between you and the bike shop.
You should send the bike back to the bike shop and either receive a refund or another bike without delay.
Yes, clearly God hates P3C’s…
I believe Dave Zabriskie would agree.
Yes, by all means you should get your P3C right now and should not have to wait for the insurance company and seller to settle.
Just tell them you need it for transportation to work, maybe that’ll help.
Maybe you can see if UPS will let you race the truck. People love the truck.
People behind you – 4 bike lengths will still be right in your draft – will be obliged.
Maybe a sponsorship deal is in the offing? What can brown du (or tri) for you?
I see this as win-win.
Andrew Moss
It is going to take 4 to 6 weeks before you or the shop see any money from UPS. That is if they don’t claim that the wasn’t packed well enough and simply deny the claim. This is what has happened every time that I have claimed damage on a bike that UPS shipped.
I would demand that the shop send you another bike.
Ron
It is going to take 4 to 6 weeks before you or the shop see any money from UPS. That is if they don’t claim that the wasn’t packed well enough and simply deny the claim. This is what has happened every time that I have claimed damage on a bike that UPS shipped.
I would demand that the shop send you another bike.
Ron
The insured is the shop, not the buyer, so the payment for the claim goes to the shop. The buyer either gets a new bike or a refund… immediately… anything less would be a deceptive trade practice.
I’m no expert on this, however some of you seem to think you are. It seems to me that it’s the courier who has to settle the affair. The shop did everything right, so you can’t expect them to be sending another bike before they get paid for it.
I’m no expert on this, however some of you seem to think you are. It seems to me that it’s the courier who has to settle the affair. The shop did everything right, so you can’t expect them to be sending another bike before they get paid for it.
The shop did or didn’t do everything right. If they did then they’re covered by the coverage they (I assume) bought, if they didn’t they’re liable unless they can prove it was UPS’s fault.
Regardless, why should the customer be punished by UPS or the shop’s errors?
The law of almost every land has a new bike or money back in the customer’s hands.
The UCC might settle this. It may have “implied” terms regarding who had title to the bike prior to delivery to you.
I think the shop would be foolish not to insure the bike, or at the least, ask the customer if he wants it insured as he’s actually the one who’s paying the bill for everything. If they did that, I would expect they wouldn’t be liable for loss or damages. Unfortunately, even if it’s insured, I don’t think UPS is obligated to replace it instantly. That’s the thing with insurance and warranties, it’s protection for those things that are unlikely but occasionally happen. It is inconvenient and can sometimes take a while, but it’s better than being SOL.
Say I am a shop…I PROPERLY (that is key) package a bike, customer X is five states away and orders the bike. I PROPERLY package the bike and UPS breaks it…that is between UPS and the customer. And (remember this) if you paid for the bike with Visa or AmEx you may have insurance from your credit card company who can make it right for you as well.
Say I am a shop…I PROPERLY (that is key) package a bike, customer X is five states away and orders the bike. I PROPERLY package the bike and UPS breaks it…that is between UPS and the customer. And (remember this) if you paid for the bike with Visa or AmEx you may have insurance from your credit card company who can make it right for you as well.
Actually it’s between UPS and the shipper (shop). All claims must be initiated by the shipper and if UPS pays the claim any money will go to the shipper.
Say I am a shop…I PROPERLY (that is key) package a bike, customer X is five states away and orders the bike. I PROPERLY package the bike and UPS breaks it…that is between UPS and the customer. And (remember this) if you paid for the bike with Visa or AmEx you may have insurance from your credit card company who can make it right for you as well.
Nope … privity of contract is between the shop and UPS.