Originally Posted by Psimet2001

That's not a new bike. It was used a lot. It was most likely someone from the shop's bike for a while or a team or someone that they "sponsored".

That damage is fairly common for Cervelos. I have seen it happen a lot. It happens when the chain drops from poo FD adjustment and then chainsucks between the inner ring and the frame. It is ALWAYS because of poor fd adjustment. I know a guy who ended up threatening to sue everyone and calling cervelo so many times that he ended up getting a deal on a NOS frame. That guys is also a major d'bag with absolutely nothing better to do with his time other than spend all of his day chasing down something like this. Now Cervelo has changed hands, etc.

1. Is the damage "bad" - as in "OMFG this thing is going to explode of you touch it" bad? No. There is so much reinforcement in that area that you could paint it and forget it's there and be fine on it for as long as you own the bike. This is most likely why the shop is saying the words "cosmetic".

2. It is not "cosmetic". it has gone through the paint and into the base material of the frame. Cosmetic is a scratch.

3. That bike should have never been sold as a "new" bike.

4. There's no need to f around with the BBB, record conversations, etc.... That's the kind of advice that is given by the scum of the earth. Other people call them lawyers.

5. Be honest. Be up front. Tell the owner what you think. Tell them straight up that you're not happy, you're concerned, that's more than cosmetic damage. They are not carbon frame builders and not qualified to asses the current state of the frame. That you don't feel that the bike should have been sold to you as "new" when it was in this condition and that it's a real PITA to have to deal with any of this instead of spending your time riding you new bike like you had intended.

6. Know what will make you happy before you go in. right now it doesn't seem like you really know. It seems like you really want to know it's safe and that after that the rest is details. Be up front with them and tell them that them telling you that it's cosmetic doesn't satisfy your feelings. Maybe a solution is to have them strip the frame and send it to Rukus, Calfee, etc and have them assess the state of the frame and/or repair and repaint it. It would only cost them a few hundred $ and that's a bargain on their end considering how much more they got in the initial sale by selling it as new.