Trek is probably on solid ground in that, so long as you own the tandem, it will be covered under warranty in the event a crack develops at the weld joint, at which time they will either replace or give you a fair credit based on prorated use of the frame towards the purchase of a new trek tandem.
Originally Posted by tandemedge
If you haven't done so, write a polite and non-threatening, matter-of-a-fact letter to John Burke that expresses your concern for your spouse's and your own safety right up front, along with you disappointment with the buying experience of your Trek T2000, what your expectations were, and how it's changed your view of Trek.
Mr. John Burke
President, Trek Bicycle Corp.
801 West Madison Street
Waterloo, WI 53594-1379
Include a specific request as to what you're looking for in the way of a remedy from Trek so that your letter is actionable (they're not left to guess what it is you're looking for) and requires some type of response, e.g., sorry, no can do or here's what we propose. Include a color photo of the flaw to remove all doubt to the new audience what it is you're referring to. Include the names of who you've spoken with at Trek and the dates associated with those discussions. As part of the remedy you might also ask them to provide you in writing with a description of the warning signs that a flawed weld will exhibit if the flaw propagates into a crack that would lead to a frame failure so that you can: a) be able to monitor the frame's integrity with respect to your spouses and your personal safety and, b) provide it to your insurance company in the event of a catastrophic failure from undetected warning signs so that they can pursue any necessary legal remedies.
The latter part about the insurance company is a bit over the top not having seen the dimple that you're referring to or understanding what if any photos were provided to the engineers and/or if the frame was sent back for inspection. It's only offered as an example of how to demonstrate your concerns in very concrete business terms that will ensure your letter is sent to their legal department for review where it is more likely that someone will quickly determine that the cost of a remedy would far outweigh a future risk. Safety and risk are the two key hot buttons that should remain in the forefront, not aesthetics or anything that would diminish from the more serious and immediate concern, assuming that is your concern.
Disclaimer: I'm not a lawyer, don't pretend to be, and didn't sleep at a Holiday Inn Express last night. This is just what I would likely do in a similar situation if I was concerned about the integrity of a new frame that I had purchased which clearly had what I perceived to be a serious flaw that called into question the reliability, integrity and safety of the frame. Of course, if I had concerns that a frame was truly unsafe I can assure you that I wouldn't put my wife on it. I don't mind having dents and dings in non-stressed / non-critical sections of frame tubes, but if a weld was truly suspect, that's a horse of a different color.