Right to reject goods after sale - 11 months after...

[Dibble]

11 months ago, my neighbour bought a new Harley Davidson motorbike. Since then, he's only done about a thousand miles on it, only in the dry.

He is a real bike nut, with about ten or eleven bikes in his garage. All are in practically mint condition, despite being from the late 70s/early 80s. He recently noticed a bit of oil seeping from around the engine casing, and pointed it out this week when he took the bike in for a first service.

The end result was that a gasket has been nipped and torn during manufacture, which means the engine will need a strip down and full rebuild. Neighbour isn't keen on this, due to the potential for damage/"unminting" during the rebuild, and the potential that once he accepts the repair, it could keep going wrong.

HD have said they will do all the work under warranty, as the damage to the gasket can only have happened during manufacture. Neighbour isn't keen, and wants to reject the bike due to this problem. Can he reject the bike due to this fault, as it is only now it has come to notice, as this was the first service?

Or would it be a case of if the bike had been used more, and the fault had come to notice sooner, he would have had a stronger case to reject it as not fit for purpose?

Cheers in advance.

[bigfoot7]

It seems a bit extreme to reject a bike because of a gasket failure. HD are agreeing to fix the problem so let them do it I say. At some point in the future more work will need doing. Is he going to refuse that as well?

[Dibble]

bigfoot7 said:

It seems a bit extreme to reject a bike because of a gasket failure. HD are agreeing to fix the problem so let them do it I say. At some point in the future more work will need doing. Is he going to refuse that as well?

I've briefly précised what Neighbour told me, and he's a perfectionist when it comes to bikes.

If the fault had been obvious at purchase, he would have rejected it there and then. Because of the low mileage, the fault hasn't become apparent until now. I'm told the repair will need a complete engine strip down and rebuild.

So can he reject it now (after 11 months) on the strength of the fact that the fault only came to light after 11 months?

[freecar]

Dibble said:

bigfoot7 said:

It seems a bit extreme to reject a bike because of a gasket failure. HD are agreeing to fix the problem so let them do it I say. At some point in the future more work will need doing. Is he going to refuse that as well?

I've briefly précised what Neighbour told me, and he's a perfectionist when it comes to bikes.

If the fault had been obvious at purchase, he would have rejected it there and then. Because of the low mileage, the fault hasn't become apparent until now. I'm told the repair will need a complete engine strip down and rebuild.

So can he reject it now (after 11 months) on the strength of the fact that the fault only came to light after 11 months?

Did he build the bike?

I would think he can trust HD to put it back mint, they made it that way in the first place!!

[Dibble]

freecar said:

Did he build the bike?

I would think he can trust HD to put it back mint, they made it that way in the first place!!

But they didn't - the gasket was damaged during manufacture.

And have you seen some of the mechanics in bike places?

[FPC]

It's too late to reject. For something like a motorbike you'd have to do it within the first month after purchase.

[Parrot of Doom]

Dibble said:

bigfoot7 said:

It seems a bit extreme to reject a bike because of a gasket failure. HD are agreeing to fix the problem so let them do it I say. At some point in the future more work will need doing. Is he going to refuse that as well?

I've briefly précised what Neighbour told me, and he's a perfectionist when it comes to bikes.

If the fault had been obvious at purchase, he would have rejected it there and then. Because of the low mileage, the fault hasn't become apparent until now. I'm told the repair will need a complete engine strip down and rebuild.

So can he reject it now (after 11 months) on the strength of the fact that the fault only came to light after 11 months?

From my expert opinion of knowing practically nothing of the law, I'd say he had no chance. I mean, what if the bike was damaged during manufacture, and repaired there and then? He'd be none the wiser, so what's the difference here?

[H_Kan]

No chance, you'd have to give them an opportunity to put it right in any case.

I would imagine the best he might get is a healthy trade in against a new one.

[mph999]

Never say never, I've rejected two cars, one after 3-4 months , the other at about 8 so it can be done. However, the 8 month rejectin was very hard.

Martin

[rfn]

Surely he can't reject it because they are offering to repair it to proper standards without cost to him!? Before Rejecting something you have to give them suitable time to repair it - which they are doing?

[Nickyboy]

Dibble said:

freecar said:

Did he build the bike?

I would think he can trust HD to put it back mint, they made it that way in the first place!!

But they didn't - the gasket was damaged during manufacture.

And have you seen some of the mechanics in bike places?

The gasket was damaged during manufacture not by HD themselves. I would say almost with certainty that something like that isnt made by HD and therefore its not their build quality thats the issue. Sounds like he's being far too anal about his passion to see beyond the problem.

[Plotloss]

He being a perfectionist bears no relation to the facts in law.

They've offered to make good, that is as good as he can reasonably expect to get.

[t11ner]

Probably well worth making a point of doing as Quinny has suggested and telling them that he'd like to have rejeted the bike for the reasons you've given. That way they know what they are dealing with when they do the rebuild and it should come back pretty mint (or he's already told tham what trouble he will be if it doeasn't!)

Steve H

[mel]

I can't actually believe you're asking this, lets re word what you have asked slightly (for clarity)

Man buys bike polishes it, 11 months later notices oil leak, HD say "yes our fault it's a faulty gasket we'll repair it for you at no cost under warranty", Man says "oh no you might damage it while you're repairing it I want a new bike", HD say "errrrrrrrrrrrrrrrrr we don't think so, do you want this gasket or not?" end of conversation really, he will not be able to reject that bike and get a brand spanking new replacement all the time my arse has got a hole in it.

[Jasandjules]

I can't see a gasket being a sufficient reason to reject a bike, perfectionist or not, you've got to look at what precedent that would set.

HD would be obliged to fix it, which they have offered to do. The only suggestion I have is to put HD on notice that IF they repair the gasket and the vehicle goes wrong again within 3 months that he has the right to reject it. Then if they proceed to repair it they have agreed to his terms............

[phumy]

Jasandjules said:

I can't see a gasket being a sufficient reason to reject a bike, perfectionist or not, you've got to look at what precedent that would set.

HD would be obliged to fix it, which they have offered to do. The only suggestion I have is to put HD on notice that IF they repair the gasket and the vehicle goes wrong again within 3 months that he has the right to reject it. Then if they proceed to repair it they have agreed to his terms............

Why 3 months, surely if the gasket has failed and they repair it under the warranty, then that new part will hold another 12 months warranty, maybe also the labour too, check the sales warranty. I would never even suggest to the dealer anything about 3 months or they will hold you to it...

[Matt_N]

If he is a perfectionist surely this suits him down to the ground?

Rides the bike for a year, then gets a nice freshly re-built engine?

[ihatesissycars]

It's a Harley ffs, another leak will appear soon after fixing this one.

If he's as much the bike nut as he's supposed to be he'll accept and expect this from a harley particularly from all the oldies he owns.

[phumy]

He could be bringing this problem upon himself, as the bike is hardly used and not run much, we all know if you stand a vehicle or bike up for long periods of time then problems do start to occur with seals, bearings, gaskets and belts, purely because they are not getting run, they dry out, they crack and they fail due to lack of use. OK i know this is under warranty but even so perhaps he should think about actually using it a little more..

[VR6time]

Sales of goods act allows you to process a claim up to 6 years after purchase of a new car, I cant see why it would be much different for motorbikes,

on a serious note though. The dealership are repairing under warranty, and putting bike back to a "fit for purpose" standard, so whats his beef?