Last month my prized single speed commuter was stolen. It was locked up with a Trimax Max 40 mini U-lock (and a cable) that I had just gotten online (trimaxlocks.com). It was my second time using it. The thing is, it was a cylinder type barrel-key lock and at the time I didn't know those were easily pickable with a Bic pen. What do I do? The retailer or the manufacturer needs to take responsibility for this.
I've been hounding the retailer, but they won't budge and they continue to sell the lock. In fact, I ordered another and it's right here, easily opening and closing with a Bic pen. I've been calling Trimax and got two interesting answers. First, they said that no one in their product dept has ever been able to open it without a key (and they told the same thing to the retailer when I prompted the retailer to call the manufacturer). A month later (yesterday), they said that the guy who said that has been fired and that they discontinued the lock 1.5 years ago and I shouldn't have been able to get my hands on one.
Hmmmm...
So, I've written the owner of Trimax about this and the retailer again. Someone needs to give me $800 for a new bike! What do you all recommend? Are all locks like these off the market? Where do I turn to continue my pursuit. When I'm right, I don't let go of an issue. So, I'm willing to take this thing pretty far (although I'd like to avoid lawyers). Your suggestions are appreciated.
atbman
04-11-06, 03:48 PM
In the UK the Sale of Goods Act would give you certain rights in the cased of faulty goods. The two main headings, IIRC are Fitness for Purpose and Merchantable quality.
If you were relying (naturally) on the lock being suitable for protecting your bike and the manufacturers knew that it could be opened (why else remove it from sale 18 months ago?), then it should not have been sold as it was not fit for its purpose.
I would assume that there is something equivalent in US law. If there is, then, since the bike was able to be stolen because you relied on the lock being reasonably (given the price range it was in, etc.) protective, the retailer is responsible in the first case as they should have known that the lock had been withdrawn from sale and should have returned them to the makers.
Since it's a long time since I taught contract law and the relevant UK sales legislation, my view will not necessarily be correct. However, I believe you should at least have a short meeting with a lawyer on this.
If you do, make sure that you write down, for your own benefit - so that you don't forget anything relevant - all the details involved, including any packaging material you might still have describing the product, any advertisements you might be able to find, any notice of product withdrawal in the bike trade press, etc.
Then screw these irresponsible people into the ground.
Good luck
jasonguard
04-11-06, 04:49 PM
This response from the UK gives me some hope. I'm from the states, as you may have already figured out. So are the retailer and manufacturer. Anyone know about applicable US laws I should site in my correspondence? I've been detailing everything I know in my letters/emails to the offending parties. Anyone know of tactics that have worked for bikers who had to help shine a light on lock-makers other than Kryptonite and Master Lock? Just point me in the right direction and I'm going to run this up the flagpole.
Treespeed
04-11-06, 06:04 PM
I think you are going to have to prove that the company knew that the locks were pickable and continued to sell them. From what I've read the Bic Trick appeared years ago, but only became common knowledge last year. All locks to some extent are pickable, some more easily than others, so how can a company be held liable for someone defeating their product. I doubt that they claimed that the lock was unpickable. I don't mean to be unsympathetic, but sometimes you just have to cut your losses.
jasonguard
04-11-06, 06:30 PM
Some days I cut my losses. Other days, I get pissed off and write a letter/email to the folks who are still selling these locks. What about that? Are cylinder locks still available in stores? Online? The fact that the manufacturer changed their story during the past month gives me hope that someone will have to own up, send me a waiver and a check. But best of all, they should stop selling the lock. It's the Trimax Max 40 at www.trimaxlocks.com.
Blue Order
04-11-06, 06:36 PM
How do you know it was picked with a pen, rather than broken with a car jack?
jasonguard
04-11-06, 06:46 PM
Good question. The manufacturer said the same thing, only supposing that someone cut through the Kryptonite cable that I used with the mini U-lock. My response is that it's probably easier to carry a pen around than bolt-cutters or a hack saw. But, it's kind of besides the point. The pen goes into this lock with relative ease and a turn is all it takes to get past the lock. It should not be on the market. Right? I mean, I'm seriously asking. Aren't all of these barrel-key locks obsolete now? Why is this still on the market?
Blue Order
04-11-06, 07:07 PM
Good question. The manufacturer said the same thing, only supposing that someone cut through the Kryptonite cable that I used with the mini U-lock.I'm not sure, but it sounds like you're saying that you used the U-lock to lock the two cable ends together, right?
If that's the case, how did you lock the bike? Did you lock the frame to a metal post with the u-lock (and was the metal post permanent, rather than bolted down), or did you lock the frame to something with the cable, and lock the two cable ends together with the U-lock?
My response is that it's probably easier to carry a pen around than bolt-cutters or a hack saw. But, it's kind of besides the point. The pen goes into this lock with relative ease and a turn is all it takes to get past the lock.I came upon a bike theft a couple of nights ago; the theft was interrupted, and I talked with the bike owner. He had a cable and a padlock, and the cable had been cut. Bike thieves carry bolt cutters, no question about it.
It should not be on the market. Right? I mean, I'm seriously asking. Aren't all of these barrel-key locks obsolete now? Why is this still on the market?Probably shouldn't be out there on the market now.
nova
04-13-06, 06:34 AM
Last month my prized single speed commuter was stolen. It was locked up with a Trimax Max 40 mini U-lock (and a cable) that I had just gotten online (trimaxlocks.com). It was my second time using it. The thing is, it was a cylinder type barrel-key lock and at the time I didn't know those were easily pickable with a Bic pen. What do I do? The retailer or the manufacturer needs to take responsibility for this.
I've been hounding the retailer, but they won't budge and they continue to sell the lock. In fact, I ordered another and it's right here, easily opening and closing with a Bic pen. I've been calling Trimax and got two interesting answers. First, they said that no one in their product dept has ever been able to open it without a key (and they told the same thing to the retailer when I prompted the retailer to call the manufacturer). A month later (yesterday), they said that the guy who said that has been fired and that they discontinued the lock 1.5 years ago and I shouldn't have been able to get my hands on one.
Hmmmm...
So, I've written the owner of Trimax about this and the retailer again. Someone needs to give me $800 for a new bike! What do you all recommend? Are all locks like these off the market? Where do I turn to continue my pursuit. When I'm right, I don't let go of an issue. So, I'm willing to take this thing pretty far (although I'd like to avoid lawyers). Your suggestions are appreciated.
What you will need to prove is the company knew the flaw existed prior to your theft. You mention it was still in the stores. Was the flaw anounced and recall notice sent prior to your buying the lock?
If yes then you can likly go after the store who sold the lock. They will have been notified of the recall on the faulty locks. If you purchased the lock bfore any recall notice and for example didnt register the lock then your out of luck. Had you registered it for warranty purposes you would have received a recall notice on the lock imidatly after the flaw was discovered. If you registered the lock and received no recall notice then blaim falls on the manufacture and you will need to go after them.
If its on the manufacture then you need to some how prove you did not recieve the notice in the mail if one was sent out at all. If they say we sent it and no one got it then they are in alot more trouble than just your bike and maybe a hand full of others.