Update: Solution found!
It has been a good six weeks since Swedish fork specialist Öhlins withdrew its RXF 34 and 36 Air air suspension models from circulation due to safety concerns. And at first it was just a case of "switch off, stop riding and wait and see". Unsurprisingly, customers were anything but pleased. You can find out more about the details of the recall and a legal assessment of the case below.
Free repair, upgrade to new RXF Evo from February
Now the long overdue solution is finally in sight. The manufacturer is asking its customers to hand over the fork to a certified service partner as quickly as possible. Öhlins says that it will cover the costs for the repair and any shipping of the fork to the service partner itself, so that the repair should not incur any costs for the customer.
And the Swedes are now also apologising to their customers for the inconvenience caused. Quite tangibly with a small upgrade. Customers affected by the recall should here customers can register and then receive the parts for an upgrade to the new RXF version, called RXF Evo, free of charge at the next 100-hour service - but only from next February, when the new fork itself will be available at dealerships. However, Öhlins only pays for the parts themselves, the customer still has to pay for the installation of the upgrade. Nevertheless, a new cartridge and a new inner workings are at least a fair gesture as an apology for six to eight weeks without a fork.
Recall of RXF 34 and 36 Air: The recall in detail
The suspension fork manufacturer Öhlins has discovered problems with MTB forks with air suspension. Several users allegedly came forward and reported defective caps on the RXF 36 and RXF 34 Air air suspension forks, which were sold both as accessories and as original equipment on Specialized MTBs.
Öhlins writes on its website that the right-hand cap in particular could come loose while riding due to incorrect tightening torque and cause the air spring to pop out, and dutifully adds that this could result in injury to the rider.
Hence the recall campaign, including a complete sales stop and the request to customers to immediately stop using bikes with the fork models mentioned. A repair solution has allegedly been found, but is not yet being implemented. Numerous Öhlins riders are currently being asked to keep still. More information at the end of the article.
Öhlins recall: Which products are affected?
The affected accessory products are
- RXF 34 Air 29 (affected item no. FG3412 1512, FG3414 1512, FG3416 1512)
- RXF 36 Air 27.5 (affected item no. FG3614 1716, FG3615 1716, FG3616 1716, FG3617 1716)
- RXF 36 Air 29 (affected item no. FG3612 1512, FG3614 1512, FG3615 1512, FG3616 1512)
The Specialized models affected are
- Stumpjumper Mj. 2017/2018
- Enduro Mj. 2017/2018
- Fuse Mj. 2018
- Levo Mj. 2018
The Steel suspension forks Öhlins RXF 36 Coil are not affected by the recall.
It is currently unclear when exactly the forks will be repaired or replaced. Öhlins has issued the following statement on its website:
"We have tested and validated a relatively straightforward solution, which is currently being evaluated by the CPSC (US Consumer Product Safety Commission). This process could take a few days or, in the worst case, a few weeks. Once approved by the CPSC, our solution can be implemented using standard tools and materials. We are continuing to work diligently on this issue with the goal of getting you back on the road as soon as possible."
Recall and warranty: Your rights as a customer
The recall and the liability for material defects (warranty) are legally independent of each other; different laws apply. Customer rights in the event of a recall are very limited; it is only a matter of removing a potentially dangerous product from the market. In fact, customer rights are so limited that, in extreme cases, a recalled product must be destroyed or returned without replacement. In practice, this is a very rare scenario.
Customers affected by the recall who are unable or unwilling to show the necessary patience or understanding and whose purchase was no more than two years ago (always keep proof of purchase as evidence!) can demand rectification from the seller under the warranty. This is because, even if a dealer refers to the manufacturer (in this case, for example, the bike manufacturer Specialized), the dealer remains the contractual and contact partner for the customer and must fulfil its warranty obligations.
On its website, the Bavarian Consumer Advice Centre Tips for making the right complaint and, when asked, addressed the special case of a "recall during the warranty period":
"Due to the product recall, the consumer cannot assert any claims for damages or reimbursement of expenses against the product manufacturer. In its judgement of 16 December 2008, file number VI ZR 170/07, the Federal Court of Justice (BGH) established in principle that the manufacturer's liability is only intended to protect absolute rights - i.e. life, health and/or property. The aim of a recall campaign, on the other hand, is not to provide the consumer with a defect-free product.
The latter can only be enforced within the framework of the warranty. As long as the warranty period has not yet expired, the consumer is entitled to subsequent fulfilment in accordance with § 439 BGB. In this context, the consumer can demand the repair or delivery of a new item from the seller. Any costs incurred, such as transport or spare parts required, must be borne by the seller. If the consumer makes use of his right to subsequent fulfilment, he is advised to set the seller a deadline with a specific date by which the purchased item should either be repaired or replaced by a new product. The length of the deadline depends on the extent of the defect. If, for example, only a standard spare part needs to be replaced, the consumer can set the seller a deadline of one to two weeks. If, on the other hand, it is a replacement part that has to be customised, the deadline may be longer. There is no legal regulation on this. It always depends on the individual case.
If the seller refuses subsequent fulfilment or if subsequent fulfilment has failed, the consumer can withdraw from the contract or reduce the purchase price. The statutory regulations also apply here."
Further information on the Öhlins recall can be found at www.ohlins.eu/de/support/recall/.
Adrian Kaether
Editor
