In addition, a customer’s replacement and use of your non-conforming “after-market” parts would void the Speedplay warranty on its pedal system and your failure to advertise that fact causes your advertisement of your parts to be misleading in violation of numerous state and federal statutes.
Finally, we do not believe the evidence would show that you have sufficiently tested or constructed the replacement parts for safety and reliability such that consumers using the products would be safe. Customers using such replacement parts on their bicycles might assume they would be as safe as using OEM parts on a Speedplay pedal system and we do not believe this to be true. We have examined your parts and find that the screws that you sell (and perhaps manufacture) do not meet either manufacturing or safety requirements specified by Speedplay. You do not explain this deficiency or difference in your advertising of your product.
As a result, we believe your advertising not only to be misleading, but to be in violation of numerous state and federal consumer safety laws. Customers who were to purchase and use your replacement parts in Speedplay pedals, and then have their pedals damaged or worse, be injured, may make claims against or sue Speedplay, which would necessitate Speedplay defending those claims and seeking indemnity from you including its attorneys’ fees and costs.
From the Speedplay letter.
Surely if the seller complies with the requests and states that these are not original parts, that they will void the warranty and although they have been tested they haven’t been tested by Speedplay, then he will have less problems.
Perhaps if the seller speaks to Speedplay there might be a solution.
Two sides on every argument.