Discussion
Hi all, hope this is the right section. Please bear with me as this is a bit of a long story but I could do with some advice.
About 5 months ago I purchases a brand new motorbike. The problems I had with it started on day one when it refused to start outside my parents house. Since then it has been back there four times with the same faults. The problems are as follows;
It never starts first time in the morning. It does eventually start after a few minutes of messing about with it
the engine will randomly cut out at traffic lights or when stationary in traffic
It will not run properly in wet weather
The exhaust has quite badly rusted despite the fact the bike is 5 months old
A few bits have fallen off of it and a couple of screws have rattled themselves loose
This leads me on to today when the bike cut out five times and eventually completely died on me. The RAC recovered my bike and me and took us back to the shop that I purchased it from. The bike has been sercived but not at the correct intervals. The first service was at the right time. The second service was about 300 miles overdue and the third service is due now and is also about 300 miles over. I think I know what the answer is but where would this leave me with regards to a full refund or who should pay for the work to get the bike running properly. I know that i have not stuck to the service intervals and there has been various reasons for this but bearing in mind that the bike is five months old and has been problematic since day one surely it should be up to them to foot the bill. Any advice would be much appreciated. Thanks.
About 5 months ago I purchases a brand new motorbike. The problems I had with it started on day one when it refused to start outside my parents house. Since then it has been back there four times with the same faults. The problems are as follows;
It never starts first time in the morning. It does eventually start after a few minutes of messing about with it
the engine will randomly cut out at traffic lights or when stationary in traffic
It will not run properly in wet weather
The exhaust has quite badly rusted despite the fact the bike is 5 months old
A few bits have fallen off of it and a couple of screws have rattled themselves loose
This leads me on to today when the bike cut out five times and eventually completely died on me. The RAC recovered my bike and me and took us back to the shop that I purchased it from. The bike has been sercived but not at the correct intervals. The first service was at the right time. The second service was about 300 miles overdue and the third service is due now and is also about 300 miles over. I think I know what the answer is but where would this leave me with regards to a full refund or who should pay for the work to get the bike running properly. I know that i have not stuck to the service intervals and there has been various reasons for this but bearing in mind that the bike is five months old and has been problematic since day one surely it should be up to them to foot the bill. Any advice would be much appreciated. Thanks.
I can't see that anybody could reasonably argue that 300 late on servicing would cause these issues. (assuming you haven't got something silly that is meant to be serviced every 200 miles of course)
sounds like your dealer need to sort it out! I will wait for this who know their fact better than I but issues from day ONE (documented I hope) suggest this bike isn't of merchantable quality!
sounds like your dealer need to sort it out! I will wait for this who know their fact better than I but issues from day ONE (documented I hope) suggest this bike isn't of merchantable quality!
Edited by balls-out on Thursday 8th January 13:58
I dare bet it's one of the obscure Chinese brands and that you paid <£1k for it. If so, they're almost all like that IME; neither fit for purpose nor of merchantable quality.
Write a detailed timeline of the faults and problems you've had with it and give the dealer written notice that you expect it to be fixed properly this time. When that doesn't work, write to the dealer rejecting the bike under the SOGA and be prepared to make a claim under the small claims court. He will probably wriggle like mad and point you in the direction of the importers or factory; if you bought the bike retail (not as a crated kit, or partly assembled) the buck stops with the dealer.
Good luck.
Write a detailed timeline of the faults and problems you've had with it and give the dealer written notice that you expect it to be fixed properly this time. When that doesn't work, write to the dealer rejecting the bike under the SOGA and be prepared to make a claim under the small claims court. He will probably wriggle like mad and point you in the direction of the importers or factory; if you bought the bike retail (not as a crated kit, or partly assembled) the buck stops with the dealer.
Good luck.
Just contacted the manufacturer and they said that the bike is no longer under warranty because the servicing hasnt been kept up properly. So ive been left with a 5 month old bike that will not run properly and will not run at all in wet weather because i missed the second and third services. Fair point on the servicing but its five months old for f
k sake!
k sake! littleredrooster said:
I dare bet it's one of the obscure Chinese brands and that you paid <£1k for it. If so, they're almost all like that IME; neither fit for purpose nor of merchantable quality.
Write a detailed timeline of the faults and problems you've had with it and give the dealer written notice that you expect it to be fixed properly this time. When that doesn't work, write to the dealer rejecting the bike under the SOGA and be prepared to make a claim under the small claims court. He will probably wriggle like mad and point you in the direction of the importers or factory; if you bought the bike retail (not as a crated kit, or partly assembled) the buck stops with the dealer.
Good luck.
You would be right, its a sinnis apache 125. It was about £1800 brand new and built buy the dealer. I saw it and thought that will do me nicley. Brand new bike, two year warranty, one years labour warranty, and not that bad looking for £1800, also know someone else who's got one and not had any trouble with it at all. Write a detailed timeline of the faults and problems you've had with it and give the dealer written notice that you expect it to be fixed properly this time. When that doesn't work, write to the dealer rejecting the bike under the SOGA and be prepared to make a claim under the small claims court. He will probably wriggle like mad and point you in the direction of the importers or factory; if you bought the bike retail (not as a crated kit, or partly assembled) the buck stops with the dealer.
Good luck.
TheThing said:
Just contacted the manufacturer and they said that the bike is no longer under warranty because the servicing hasnt been kept up properly. So ive been left with a 5 month old bike that will not run properly and will not run at all in wet weather because i missed the second and third services. Fair point on the servicing but its five months old for fk sake!
Warranty is not the issue here. Under the sale of goods act the item must be fit for purpose. IMHO what you are describing means that the bike wasn't and the dealer has a obligation to sort it out. If the faults could reasonably have been caused by lack of servicing - them they quite rightly would argue that the goods was of acceptable quality, but you damaged it. Given the nature of your issues and that they were present from day 1 (before any service), I struggle to see any relevance to the servicing. BTW you didn't missed the services, but were just a little late.k sake! I am not sure on the legalities of the warranty which I think is primarily a contract between you and the dealer. If you have broken the terms, then you may not be able claim under warranty. BUT warranties cannot affect/remove you consumer rights. I actually recall that even so, if the fault is unconnected to the breach they have to honour the warranty ie fitting a new headlight isn't an excuse to refuse a claim in say a broken exhaust - but I could be wrong.
Bear in mind the price you pay IS relevant - a cheapo will not be as good as an expensive item. So you may just have to live with the rust.
If it were me I would be following the actions littleredrooster suggested
Edited by balls-out on Thursday 8th January 16:18
CaptainMorgan said:
In fairness of the chinese bikes they are one of the better ones. Sounds like poor dealer though if they cant get the most basic bike and engine to start and run correctly.
Agreed - Sinnis is one of the better brands. Other than the appalling finish, they are usually one of the better runners.ruff'n'smov said:
PIGINAWIG said:
What bike is it?
It will be a Chinese bike, a Hongda or some such, approx 60% less than the equivalent Jap bike and people wonder why the don't work....go figure.The finish, fit may not be as good; it may not last as long. Things will not have been as well engineered.
But would I expect it to basically work (ie be fit for purpose), Yes I would and the law agrees.
TheThing said:
ruff'n'smov said:
PIGINAWIG said:
What bike is it?
It will be a Chinese bike, a Hongda or some such, approx 60% less than the equivalent Jap bike and people wonder why the don't work....go figure.Hope this is more useful and next time looks at quality machines ask yourself why some thing is half the price....and finger crossed you might go and get yourself a Yamy DT
ruff'n'smov said:
Your first port of call after the dealer who will have got to for £900 +VAT is the importers Sinnis in Brighton.
When his contract is with the dealer, why would he want to have any contact with the importer?ruff'n'smov said:
...and get yourself a Yamy...
WTF is a Yamy?I reckon the overdue servicing would not have any bearing on the faults you're experiencing-you need to push this fact. Your contract is with the dealership so a letter to them stating this, the reasons you are dissatisfied with the bike and giving them a final opportunity to rectify the issues before you consider legal action would be my port of call.
Yes-Sinnis are a cheap Chinese brand, and it would perhaps be unreasonable to expect the same levels of fit & finish as a premium brand motorcycle, but it should be good enough to do what it was sold to do. Not starting clearly isn't meeting those standards.
Have to say though OP-I picked up my Honda PCX 125 for around £2300 from memory on a 0% finance deal from Honda. Superb piece of kit and the dealer has been great-if you end up looking at another bike, I can't recommend one enough.
Yes-Sinnis are a cheap Chinese brand, and it would perhaps be unreasonable to expect the same levels of fit & finish as a premium brand motorcycle, but it should be good enough to do what it was sold to do. Not starting clearly isn't meeting those standards.
Have to say though OP-I picked up my Honda PCX 125 for around £2300 from memory on a 0% finance deal from Honda. Superb piece of kit and the dealer has been great-if you end up looking at another bike, I can't recommend one enough.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff