Thule will not pay for it, despite their "Lifetime Limited Warranty". They were contacted directly. REI, also will not accept liability, but replaced the rack despite being over a year old.

From the Thule website:

DISCLAIMER OF LIABILITY
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR THE ISSUANCE OF A REFUND OR CREDIT (AS DETERMINED BY THULE) IS A PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY. DAMAGE TO A PURCHASER’S VEHICLE, CARGO AND/OR TO ANY OTHER PERSON OR PROPERTY IS EXCLUDED.

Use at your own risk.

I just picked up a new Lib Tech today. I'm pretty excited about it and I'm trying not to get upset about my bad luck. I'll be headed back to Kirkwood on Sunday. It's been a great season so far.

 

That wouldnt stand up in small claims court. Faulty product is faulty not to mention theyd most likely settle for damages because they dont want their name getting bad press.

Best of luck with the new rack =D