Hi,
I understand your frustration , I also know that you are the only person that has had this problem twice. We have sold hundreds of these with no problems.
If you feel this is a legitimate defect we need your entire bike as you are riding it right now .
You have changed the seat post from its original stock post which does void the warranty .
It looks to me like you are bending the frame back with a different seat post than what the frame is designed for
Let me know what you would like to do . http://www.cyclesmercier.com/warranty.html

Thanks , Cliff