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@bump
The below post is definitely true but as with all legal stuff you have to consider whether you want the delay, difficulties and agro in pursuing that route.
Whilst I could do the legal route this might not get me what I want (a properly fitting Mercian bike) as they may just say live with the frame being out (and even if I then reject the frame and get my money back through legal means it doesn't get me the bike I want) and I am therefore trying to work out whether I should just lump a 1cm out toptube and what others have done if they have had similar situations.
Ironically for someone who works in litigation or dispute resolution I really really hate being involved in any conflict with others.
Finally, I suspect the quality control on a bike being handbuilt by Mercian where you kick up a bunch of legal things which just annoy them might suffer... badly.