Levo Gen 2 Fedex Disaster hit my new Levo...

Cavi

Active member
Jun 15, 2020
376
123
California, usa
So, as we all know it is near impossible to find a Levo right now. Well I found a new old stock 2019 in MN, at Erik's bike shop. the price was reduced as it is a 2019 model, so I ordered it. they put it togeather tuned it then boxed it up and shipped it. Fedex delivered it today. Disaster...... The box was in shambles. I opened it and removed the bike, it was all there, but the charger and paperwork was nowhere to be found. I still proceeded and put it togeather. It all went well, but then I removed the protective foam, and noticed that next to the waterbottle cage there was a decent dent in the frame and paint missing. The dent is the size of a nickel. After removing the battery I can see that the dent actually marked the battery, did not hurt it but touched it, and if I put my hand in the frame where the battery goes I can feel the dent and it is sharp. I contacted the store and they will let me know what they are going to do on Monday or Tues. Initially before I took the battery out I was willing to keep it if they refunded me like 1000, but now I am not sure. I might just demand a replacement. On the good side, my local shop loaned me a charger so I can ride it this weekend....
If for some reason I end up keeping it I would get one of those painless guys to push the dent back out from the inside, But at this point I would prefer a replacement.....

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lumpy

🚁 CHOPPER 🚁
Nov 26, 2018
469
441
SF Bay Area
Wow, that sucks! I will say that that's one of the things I like about aluminum over carbon fiber - it dents instead of breaks.
For what it's worth, I'd be inclined to keep it as long as the shop or FedEx gives you $$ to make it right. But before that I'd check to be sure the frame isn't bent.
 

Cavi

Active member
Jun 15, 2020
376
123
California, usa
Frame is fine, I have already put some miles on it, and yes, I might keep it if they come up with enough cash to pay for the Lyrik fork I just ordered!!! and the Dropper post.....
 

Zero

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Apr 15, 2020
203
58
Midlands
Lol. I'd never keep that.

I'd want the bike half price at least. Highly unlikely its repairable to any reasonable degree. Its not a car panel its a alu tube.
 

Errol1098

Active member
Jul 8, 2018
65
251
Sydney Australia
That’s bad luck, in Australia unless you insure the freight the risk is with the buyer and you would have to live with it. I wouldn’t have ridden it until you had a resolution but I bet you had a great ride?
 

Zero

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Apr 15, 2020
203
58
Midlands
That’s bad luck, in Australia unless you insure the freight the risk is with the buyer and you would have to live with it. I wouldn’t have ridden it until you had a resolution but I bet you had a great ride?
What a stupid law.
 

Errol1098

Active member
Jul 8, 2018
65
251
Sydney Australia
What a stupid law.
Not really, if you want security you pay more and it’s insured and no problems but if you cheap out you take the risk, fair I’d say. If a parcel turned up on my door and it contained a bike and the box was in that condition I’d refuse to accept delivery and send it back. Not much point accepting delivery taking it for a ride and then wanting your money back?
 

Zero

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Apr 15, 2020
203
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Midlands
Not really, if you want security you pay more and it’s insured and no problems but if you cheap out you take the risk, fair I’d say. If a parcel turned up on my door and it contained a bike and the box was in that condition I’d refuse to accept delivery and send it back. Not much point accepting delivery taking it for a ride and then wanting your money back?
Its stupid because it absolves the seller of responsibility of shipping it to your door in the correct condition.

Also have you ever dealt with the insurance of a courier firm!

Putting that shit on the consumer is ridiculous. The business should deal with the shipping company and the claim for loss or damage. Not the person who just opened their front door.
 

flash

E*POWAH Elite World Champion
Patreon
Nov 24, 2018
1,050
988
Wamberal, NSW Australia
That’s bad luck, in Australia unless you insure the freight the risk is with the buyer and you would have to live with it. I wouldn’t have ridden it until you had a resolution but I bet you had a great ride?

Where did you hear that? I'm pretty certain that's not how Australian consumer law works. Goods must be delivered as described at the time of sale. I think you'll find that if damaged goods are delivered the consumer has the right to choose repair or replacement at their discretion. Occasionally it happens that a dodgy company tries to pull this sort of shit but a call to consumer affairs sorts it out pretty quick. Our consumer laws are very robust and almost all in favour of the purchaser.

As far as I'm aware this would only work, in law, if the buyer organised the delivery.

Unfortunately I've had to test Australian consumer law a couple of times including a pair of headphones that arrived last year faulty and a hardware photo editing console that arrived damaged. In both cases claims were made by the seller. In both cases a phone call to consumer affairs and a letter to the company letting them know what I expected sorted the issue very quickly. In both cases they lost a customer forever.

Gordon
 

Rusty

E*POWAH BOSS
Jul 17, 2019
1,513
1,673
New Zealand
Not really, if you want security you pay more and it’s insured and no problems but if you cheap out you take the risk, fair I’d say.
Have shipped numerous bikes and motorcycles over the years - never had a freight company accept one without insurance. A few in the high dollar bracket $30K plus I have had to pay extra, but usually not too expensive.

If a parcel turned up on my door and it contained a bike and the box was in that condition I’d refuse to accept delivery and send it back. Not much point accepting delivery taking it for a ride and then wanting your money back?
Exactly. Have refused acceptance of several bikes with damaged packaging and refuse parcels at work every couple weeks or so for the same reason. On 2 occasions I have unpacked bikes while the driver was still there as the packaging damage did not look too bad. Once the bike went away with the driver and another time I accepted it as only had a very small mark that I thought would buff out.
 

Zero

Auto WARNING : Possible Duplicate user : "Fx1"
Apr 15, 2020
203
58
Midlands
Where did you hear that? I'm pretty certain that's not how Australian consumer law works. Goods must be delivered as described at the time of sale. I think you'll find that if damaged goods are delivered the consumer has the right to choose repair or replacement at their discretion. Occasionally it happens that a dodgy company tries to pull this sort of shit but a call to consumer affairs sorts it out pretty quick. Our consumer laws are very robust and almost all in favour of the purchaser.

As far as I'm aware this would only work, in law, if the buyer organised the delivery.

Unfortunately I've had to test Australian consumer law a couple of times including a pair of headphones that arrived last year faulty and a hardware photo editing console that arrived damaged. In both cases claims were made by the seller. In both cases a phone call to consumer affairs and a letter to the company letting them know what I expected sorted the issue very quickly. In both cases they lost a customer forever.

Gordon
It sounds more like American law than Australian. Aus is very similar to the UK due to historical case laws. Id be surprised if he was right.
 

flash

E*POWAH Elite World Champion
Patreon
Nov 24, 2018
1,050
988
Wamberal, NSW Australia
Its stupid because it absolves the seller of responsibility of shipping it to your door in the correct condition.

Also have you ever dealt with the insurance of a courier firm!

Putting that shit on the consumer is ridiculous. The business should deal with the shipping company and the claim for loss or damage. Not the person who just opened their front door.

My girlfriend is an artist. She's currently dealing with a delivery company that delivered a painting with a hole in it. It's not the client who's doing it.

Gordon
 

Errol1098

Active member
Jul 8, 2018
65
251
Sydney Australia
Where did you hear that? I'm pretty certain that's not how Australian consumer law works. Goods must be delivered as described at the time of sale. I think you'll find that if damaged goods are delivered the consumer has the right to choose repair or replacement at their discretion. Occasionally it happens that a dodgy company tries to pull this sort of shit but a call to consumer affairs sorts it out pretty quick. Our consumer laws are very robust and almost all in favour of the purchaser.

As far as I'm aware this would only work, in law, if the buyer organised the delivery.

Unfortunately I've had to test Australian consumer law a couple of times including a pair of headphones that arrived last year faulty and a hardware photo editing console that arrived damaged. In both cases claims were made by the seller. In both cases a phone call to consumer affairs and a letter to the company letting them know what I expected sorted the issue very quickly. In both cases they lost a customer forever.

Gordon
Deal with freight on motorcycles all the time. If the freight is booked as general freight there is no insurance and every smart company would have something on their invoice to say if you choose general freight you take responsibility Otherwise who is to say where the damage happened and who is responsible. This chap could have dropped the box getting into the house and now he’s taken it for a ride? If your the sort of customer who’s first port of call is fair trading, I wouldn’t want or need you as a customer.
 

Zero

Auto WARNING : Possible Duplicate user : "Fx1"
Apr 15, 2020
203
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Midlands
Deal with freight on motorcycles all the time. If the freight is booked as general freight there is no insurance and every smart company would have something on their invoice to say if you choose general freight you take responsibility Otherwise who is to say where the damage happened and who is responsible. This chap could have dropped the box getting into the house and now he’s taken it for a ride? If your the sort of customer who’s first port of call is fair trading, I wouldn’t want or need you as a customer.
Every smart company wouldn't send a motorcycle uninsured
 

flash

E*POWAH Elite World Champion
Patreon
Nov 24, 2018
1,050
988
Wamberal, NSW Australia
Deal with freight on motorcycles all the time. If the freight is booked as general freight there is no insurance and every smart company would have something on their invoice to say if you choose general freight you take responsibility Otherwise who is to say where the damage happened and who is responsible. This chap could have dropped the box getting into the house and now he’s taken it for a ride? If your the sort of customer who’s first port of call is fair trading, I wouldn’t want or need you as a customer.

That's fine. Always someone who wants my business. Kind of a daft comment though. If you do the right thing you'd have nothing to worry about from fair trading. If you're a supplier or retailer it's your job to understand and comply with trading laws. And you need to make sure your staff are trained as well. One of the main reasons to buy from local dealers is so that you have the protection of consumer law. And I'd never send something of real value uninsured. I've been freighting high value items for 35 years. I'd never risk losing a customer by not operating within the law and providing good service, always. I expect the same when I'm the customer.

It's not my first port of call. Most companies I deal with are excellent and I reward them with repeat business. Lots of it. If there's an issue I go to the business first. Most are fantastic and their good service is remembered and rewarded. But I know my consumer rights and I'm not afraid to exercise them when a company breaks the law and unfortunately I've had to go down that path a few times. I don't like doing it. But when a company who you spend $250K per annum tries this sort of crap I don't put up with it. Or if a bike arrives damaged I expect the company to sort it out as they are required to do by law.

A company can state what they want on any invoice or website that they want. They can have you sign or agree. But if it goes against Australian consumer law it means nothing. You can't sign away your consumer rights in Australia. I tend to avoid dealing with businesses that put these type of conditions on sales as they aren't reputable anyway.

Gordon
 

Cavi

Active member
Jun 15, 2020
376
123
California, usa
Honestly, when the bike was delivered I only saw one of the rips before the driver left as he delivered it on my pourch and it was against a wall. Even still As soon as I opened it and found out the charger was missing that appeared to be the full extent of the issue, and I figured that the store would for sure make it good so I proceeded to put the bike togeather.During this process I still could not see the frame damage as it was covered by foam, which I left to protect it during the build. Soo only after the bike was fully assembled did I find the damage. Therefore even if I did see the box damage and had called the driver on it I still would have taken delivery. I would not have refused delivery unless I had seen the frame damage and there is no way a Driver would have waited for me to put the bike together. As for riding it I did not until I had spoken to the store. The store seems like they will do the right thing, and they did get insurance from FEDEX.
 

Cavi

Active member
Jun 15, 2020
376
123
California, usa
Great news, the replacement Levo arrived today!!! It is all there and in perfect shape. I will say again the box was damaged but lucky for me this time nothing was lost. I put it all together even put the Hope front break on it!! Tomorrow it goes to my local shop to recieve the Lyrik fork, seatpost dropper and Merida 155mm crank arms, and even one up took kit that goes in the stem!!!
 

MitchF

E*POWAH Elite
Jun 1, 2019
520
611
Mirokumk38
Wow, that went off track ????
Australian shipping laws ??‍♂️
Glad your getting a new replacement man, enjoy ??
 

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