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Recalls: Statute of Limitations?

Old 03-15-20, 04:16 PM
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Recalls: Statute of Limitations?

I have an older (owner said 2002, but I think it's a 2003) Cervelo SuperProdigy with a recalled Wolf fork. Trouble is, I just purchased the bike 3 days ago and knew nothing about any such recall until I was reading about the model online after purchasing it.
Does anyone know if there is a Statute of Limitations on liability in this recall? Since it's been so long, is Cervelo off the hook for repairing it?
I ask here because I figured there are some of you that work at dealers and might know.
Background: The guy I bought it from was the original owner, he bought it new. Apparently, he was either unaware of the recall or failed to take it back for retrofit with a new fork.
Here is more info:
https://opendata.ul.com/search/incid...sc_recall/2425
Here is a link to the recall:
https://www.cpsc.gov/Recalls/2003/cp...-bicycle-forks


I will be contacting Cervelo tomorrow and see what the situation is. At worst, I'm out 2-300 buying a new fork. These 1" threadless steerer carbon forks are getting hard to find in good shape.

Thanks for anyone's insight.



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Old 03-15-20, 04:52 PM
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Should be four years.
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Old 03-15-20, 05:02 PM
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I think some, possibly many states have laws about selling stuff that's been recalled. Of course it's likely an honest mistake by the owner, so I wouldn't sue, but he should give your money back. Of course if your state is still buyer beware, then it's on you. However many companies do honor their recalls long after.
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Old 03-15-20, 05:06 PM
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I think you might have better luck with them making good on the recall if you can convince the seller, the original owner, to make the claim.
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Old 03-15-20, 05:15 PM
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Originally Posted by Iride01 View Post
I think some, possibly many states have laws about selling stuff that's been recalled. Of course it's likely an honest mistake by the owner, so I wouldn't sue, but he should give your money back. Of course if your state is still buyer beware, then it's on you. However many companies do honor their recalls long after.
I have $300 in the entire bike. I doubt I'll be asking for my money back on a Cervelo SuperProdigy (Columbus Thermocrom Tubing), one of the last steel Cervelos made, but your point is well taken. I'm hoping Cervelo will get a chuckle out of hearing one last request for 1 of 317 forks installed on these bikes. If they'd just return $200 so I can put a little more with it to get a decent Ritchey or Easton fork, I'd be happy. This bike has Ritchey rear dropouts anyhow, so that would be appropriate. Guess I'll (we'll) find out how they decide to handle it. As a consumer who might purchase a bike from them in the future, it will be interesting to have a first-hand account of how they handle this.
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Old 03-15-20, 05:17 PM
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Originally Posted by dsbrantjr View Post
I think you might have better luck with them making good on the recall if you can convince the seller, the original owner, to make the claim.
Excellent point. I may give him a hollar.... I didn't know him when we met for the sale, but he happens to work for the company that 4 of my friends own. It's a small world.
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Old 03-15-20, 05:49 PM
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My first action would be to call Cervelo and explain the situation to them. Many companies will bend over backwards to satisfy a customer, particularly if there is a safety defect, even many years after the recall.

For example, in 1973 Ruger introduced a revised mechanism (New Model) for their single action revolvers that improved handling safety. They offered to factory refit this improved action to the existing revolvers at no cost and even paid shipping both ways. This free safety improvement was announced in 1973 and is still offered despite the fact that the last "Old Model" guns were made 47 years ago.

I don't expect Cervelo to be this accommodating but give them a chance.

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Old 03-15-20, 06:34 PM
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Product recalls usually don't have an end date. If you don't find out about a recall for a year or more, follow the instructions in the recall notice the CPSC issued. Call the company at the toll-free number given in CPSC's news release announcing the recall to find out about the remedy. If you're unsuccessful with the company, contact CPSC's toll-free hotline (800-638-2772) or send an email through CPSC's

https://www.lawyers.com/legal-info/c...all-faq.html#7
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Old 03-15-20, 10:04 PM
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Well there are product recalls that are low risk and ones that are not. This is certainly in the catastrophic range of
potential faults with a high risk of serious injury to the rider. I would contact the original owner as to this recall,
contact Cervelo to see what their reaction is, and consider returning the bike if you don't want to spring for a new
fork on your own dime. If you like legal onanism then contacting the CPSC for giggles,
(may be the horse can learn to dance) In theory you are in a good position legally but getting satisfaction may
require more gumption than you feel comfortable exhibiting and getting legal help over a $300 bike.......it is
mainly going to be up to you to decide.
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Old 03-16-20, 04:35 AM
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Originally Posted by Iride01 View Post
I think some, possibly many states have laws about selling stuff that's been recalled. Of course it's likely an honest mistake by the owner, so I wouldn't sue, but he should give your money back. Of course if your state is still buyer beware, then it's on you. However many companies do honor their recalls long after.
Most of the laws about consumer protection are written for business selling items, private person to person is usually exempt.
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Old 03-16-20, 05:07 AM
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Mind you this is Shimano

Shmano Craziness and recall

Shimano crank recall
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Old 03-16-20, 11:00 AM
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I've tried every way I can to find a Cervelo customer service number to no avail. All I can find is email. So, I've sent them an email briefly describing the situation. I left my phone number for someone to call me to go more into detail. We'll see what happens. If I don't hear from them in 3 days, I'll send another email.

BTW, the phone number on the recall notice apparently doesn't belong to Cervelo anymore.
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Old 03-16-20, 06:27 PM
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Originally Posted by CoffeedrinkerNC View Post
Most of the laws about consumer protection are written for business selling items, private person to person is usually exempt.
I used to think that.

And you are welcome to continue to believe that's true. Even the recall notice for the fork at the Consumer Product Saftey Commission has the blurb in it that states:


Last edited by Iride01; 03-17-20 at 08:04 AM. Reason: spelling....
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Old 03-17-20, 05:19 AM
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Try this.
416-425-9517
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Old 03-17-20, 01:15 PM
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Originally Posted by dedhed View Post
Try this.
416-425-9517
Thanks.

So far no one picks up and all it does is take me in a circle. You have to be fast or it kicks you out and hangs up on you. The customer service operator doesn't pick up. LOL!

So, it's either a CoVid19 issue or a Customer Service issue.
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Old 03-17-20, 02:51 PM
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Don't know if the OP has seen this already but if not here is CERVELO's official recall notice which might give you some more insight.

WOLF SL FORK RECALL https://www.cervelo.com/en_US/product-recalls

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Old 03-17-20, 07:08 PM
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Originally Posted by Crankycrank View Post
Don't know if the OP has seen this already but if not here is CERVELO's official recall notice which might give you some more insight.

WOLF SL FORK RECALL https://www.cervelo.com/en_US/product-recalls

Thanks, I've seen that. That's a different fork that was also recalled.
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Old 03-17-20, 11:28 PM
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If you end up looking for a new 1" threadless carbon fiber fork, be sure to look at the Columbus Minimal. Very nice fork, carbon legs and steerer, light, reputable company, modest graphics. Mine is flat black, but they used to also come in "ready to paint", don't know if it's still available that way.. I bought mine from Chain Reaction last summer.

As for the recall.... I bought a nice Syntace stem used on Ebay many years ago. After I bought it, I saw there was a recall on it. They honored the recall. All I had to do was destroy the stem (sawed it) and show them the pieces in a photo that also showed the serial number. They sent me a new one. Just to give you hope. It seems to me that once recalled, always recalled -why would they want to have anyone use a fork with a known defect when the consequences could be catastrophic?

I would think
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Old 03-18-20, 12:59 PM
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Good luck. I hope you post whether it worked out for you or not.
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