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Good luck with that approach. The warranty doesn't say that they are obligated to replace a discontinued frame with an old frame.

Warranty Information

At Rocky Mountain Bicycles we stand behind every bike we build. If anything goes wrong with your bike, contact ANY authorized Rocky Mountain Bicycles dealer in your area. To locate your closest ROCKY MOUNTAIN® dealer, you can check the dealer listing on the website.

To help ensure any warranty issues or concerns you may encounter can be dealt with speedily register your new ROCKY MOUNTAIN® in the warranty section of the website.

We cover your frame from the date of purchase of your new ROCKY MOUNTAIN® according to the frame material and the type of use against defects in material and workmanship:

CroMoly Steel**: Lifetime of Owner Limited*
Aluminum and Steel Road**: 5 Years - Limited*
Aluminum Hybrids**: Lifetime of Owner Limited*
Aluminum Front-Suspended**: 5 Years - Limited*
Aluminum Fully-Suspended**: 5 Years - Limited* Hardware, suspension pivots and bushings, 1 year
Downhill and Freeride: 3 Years - limited* Hardware, suspension pivots and bushings, 6 months.

*Limited warranty refers to the limitation stated in sections 4, 5, 6, 7 and 8 in your ROCKY MOUNTAIN® Owner's Manual, also listed below. All frames covered for perforation and corrosion for one year from date of purchase.

** Paint and decals are warrantied against defects in workmanship and materials for 1 year. Normal wear and tear are not covered.

Length of Warranty of Components
The components, including the suspension fork, rear shock, drive train, brakes, wheels, seat post, saddle, handlebars and stem etc., are covered by the respective manufacturer's warranties.

What is Not Covered
A.Normal wear and tear on tires, tubes, brakes, gear cables, brake pads etc., are not covered. Your authorized ROCKY MOUNTAIN® dealer will inform you of what these normal maintenance items consist of.
B.Consequential damage or any damage caused by accident, misuse or abuse.
C.Improper assembly and/or lack of proper maintenance, sandblasting, sanding, grinding, wire brushing, filing, welding, brazing, drilled holes, anodizing, repainting, or chrome plating is not covered under your warranty and may void the warranty of the component manufacturers. Internal rust perforation on CroMoly steel frames is not covered under warranty.
D.You take great personal risk and shall forfeit the warranty, as outlined in the Warranty Table, when you ride in extreme ter rain as depicted in mountain bike videos. I.e. ride "trials" style courses, ride ramps, do stunts, ride on BMX tracks, ride in the city down stairs and embankments, or ride in other similar terrain. It is important to note that bent components, frames, forks, handlebars, seat posts, pedals, cranks and wheel rims are signs of accidents and/or abuse.
E. Labour not included.

What Will Void Your Warranty
A.Competition racing and any commercial activity i.e. Rental fleets, courier use, Police or security use.
B.Installing or modified components other than those originally installed, or recommended by Rocky Mountain Bicycles.
C.Purchasing a Rocky Mountain Bicycle from an unauthorized dealer.

Making a Warranty Claim
1.Contact ANY authorized Rocky Mountain Bicycles dealer in your area. If you do not know where your closest ROCKY MOUNTAIN® dealer is, you can check the dealer listing on the website.

2.You will need to provide your authorized ROCKY MOUNTAIN® dealer with proof that you are the first owner by showing your original sales receipt.
3.If you have moved or no longer do business with the ROCKY MOUNTAIN® dealer you bought your bike from, any other ROCKY MOUNTAIN® dealer you choose is authorized to handle your warranty questions. Your local authorized dealer will provide the quickest answers and solutions for your warranty questions.
4.Bring the complete bicycle to your authorized ROCKY MOUNTAIN® dealer for inspection.
5.If the frame is to be returned to the factory, you or your dealer will strip the frame of all components including the bottom bracket and headset prior to shipping.
6.Rocky Mountain Bicycles reserves the right to repair or replace warranty claims.International Dealers Contact Your Local Distributor
 

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That's in North America. Consumer protection laws are very stiff in the EU and just like anywhere else, companies go against the law until someone challenges it.

While I do think it's a bit odd because they have offered a replacement which I'd sell, if they are against the law, it's the perogative of the OP to sue. I don't think he'd get anywhere, however. It's not like a case from EW where it's cut and dry that they no longer have replacements for warranty within a certain number of years and make the customer pay for a replacement. This is in no way a comparison for that and if a lawyer is willing to spend his time, then hey, let him knock himself out.
 

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That's similar to the law in California which requires parts availability or newer upgrades to more current product at no additional charge to the consumer for 7 years. That's the key though, they have offered to upgrade you at no charge which usually fulfills the intent of the law. But that will be the responsibility of the Spanish distributor to meet the local laws, not the manufacturer.

You're better off with the 2007 Team frame, the change in geometry spec is from the longer travel fork not changes to the frame and you get the much stiffer carbon fiber swingarm which is worth the upgrade alone.
 

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The 2006 and 2007 ETSX Team front triangles are essentially identical, the geometry differences come from the 13mm shorter effective chainstay length of the carbon swingarm and the use of a Marz XC700 fork with a taller 505mm A2C height. They both use the 12mm pivot axles and the same shock length.
 

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Jerk_Chicken said:
He's suing RM because they don't have the 2006 front tris for the ETS, but offered him 2007 replacements. He wants a 2006. He does have a point of the EU consumer protection regulations that do give him grounds, but they offered him a 2007 replacement.
Uuuuhh, what? He's going to sue because he's getting a new bike? :skep:
 

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Uncle Cliffy said:
Uuuuhh, what? He's going to sue because he's getting a new bike? :skep:
Yep.

On one side, he's suing on some proper grounds, the principle that companies selling in the EU have to have replacements available for a term, something not enforced in the US, by and large. However, I think he will have a problem because the issue at hand is they offered and equivalent replacement in the form of a frame one year younger. It's iffy. Really iffy.

I also think this was mostly an exercise in boasting and trying to get the word "lawyer" out there to scare some action.
 

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The intent of the consumer protection law was to make sure that the consumer wasn't left with dead end, unsupported product within the warranty period, much like the California law (although it may have only applied to manufacturers located in California).

But I can't imagine how the Japanese electronics manufacturers could ever cope with the letter of the EU law, they introduce product about twice a year now and discontinue models as fast. Same with computer manufacturers, try to get an identical motherboard for a 2 year old computer, or replace your 80GB hard drive with a new 80GB hard drive, you can't even find one that small now. This why the laws generally indicate that as long as the consumer is upgraded to the most current model or version at no additional cost, the intent of the law is met.
 

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Discussion Starter · #18 ·
I have deleted me, because I have seen here that people do not understand my opinion.
do not know what is happening and are dedicated to criticize without knowing the truth
 

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FYI, here's an overlay of the 2007 ETSX on the 2006 ETSX. The suspension pivots line up, the rear axle is in a different location because of the cabon swingarm difference and the front end is about 10mm taller because of longer travel Fox TALAS. But the aluminium triangle is essentially identical on the 2006/2007 frames. All the differences are in the swingarm and fork.
 

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