New Motorcycle-Sale of goods act question
Discussion
Hi everyone, Ill try to keep this as short as possible.
In March I purchased a new european motorcycle. I placed a deposit down in early February, and picked it up/paid balance in mid-March to get the new registration.
During the running in period the bike was fine and I enjoyed it very much. However after the first service it has been plagued by oil leaks.
In total it has been back to dealerships on five seperate occasions since April for oil leaks. Four different faults have been attributed (same fault has happened twice). Dealerships have had possession for almost a month in total since April, and almost a quarter of my mileage has been travelling to and from dealers. I have recently picked up the bike from a dealer that had it for almost two weeks, within two hours it was leaking from a different place than had been repaired on that occasion, but is the same fault that has occured twice before.
Upon this happening I contacted the manufacturer who were very apologetic. They have offered to send a 'master tech' to the dealership to check the bike whilst it is being repaired. I have asked it the bike could be fitted with a new 'crate' engine, as it has had several different faults, I was told that they dont do crate engines, they issue parts and rebuild when necessary. I also enquired if the bike could be exchanged for another, to be told they 'dont do that'. I then asked about a refund to be told the same. At this point the manufacturer pointed out that the law in this country puts the onus on the consumer to prove the goods are faulty after six months. I pointed out I have had the bike for 4 months, and was told that the dealer had logged the bike on the system on the deposit date (also affecting warranty dates).
To be honest I am fed up of it, its been a oily £8k paperweight. I dont like riding it for fear of running dry or worse dumping oil on the back wheel. I end up getting anywhere in a clould of smoke, reeking of oil. Its also dripping oil on the garage floor.
Just wondering it I could tap the PH knowledge bank for what the best course of action is. Ive searched but most threads are regarding used cars out of warranty, just wondering if there are any differences in this case.
Many Thanks, John
In March I purchased a new european motorcycle. I placed a deposit down in early February, and picked it up/paid balance in mid-March to get the new registration.
During the running in period the bike was fine and I enjoyed it very much. However after the first service it has been plagued by oil leaks.
In total it has been back to dealerships on five seperate occasions since April for oil leaks. Four different faults have been attributed (same fault has happened twice). Dealerships have had possession for almost a month in total since April, and almost a quarter of my mileage has been travelling to and from dealers. I have recently picked up the bike from a dealer that had it for almost two weeks, within two hours it was leaking from a different place than had been repaired on that occasion, but is the same fault that has occured twice before.
Upon this happening I contacted the manufacturer who were very apologetic. They have offered to send a 'master tech' to the dealership to check the bike whilst it is being repaired. I have asked it the bike could be fitted with a new 'crate' engine, as it has had several different faults, I was told that they dont do crate engines, they issue parts and rebuild when necessary. I also enquired if the bike could be exchanged for another, to be told they 'dont do that'. I then asked about a refund to be told the same. At this point the manufacturer pointed out that the law in this country puts the onus on the consumer to prove the goods are faulty after six months. I pointed out I have had the bike for 4 months, and was told that the dealer had logged the bike on the system on the deposit date (also affecting warranty dates).
To be honest I am fed up of it, its been a oily £8k paperweight. I dont like riding it for fear of running dry or worse dumping oil on the back wheel. I end up getting anywhere in a clould of smoke, reeking of oil. Its also dripping oil on the garage floor.
Just wondering it I could tap the PH knowledge bank for what the best course of action is. Ive searched but most threads are regarding used cars out of warranty, just wondering if there are any differences in this case.
Many Thanks, John
Your bike is no different to anything else you buy, so take it back and demand a refund.
Within 6 months of purchase, SOGA basically says that any fault appearing within this time is taken to have been there from day one. Even after 6 months, when the onus is on you to show the bike is faulty, this wouldn't be difficult as the bike is constantly leaking oil.
You could reject with just one oil leak if you wanted, you have had 4.
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
>>The bike is not free from defects, it has had 4 major issues. It is very clear that it has an inherent fault or faults.
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
>>Due to the faults, the bike is not of satisfactory quality.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
>> As above, the bike is not free from defects and is potentailly dangerous to ride, due to the risk of it running over it's own oil.
Now the tricky bit - You put the above and any ammendnments in a letter to the dealer stating that you are rejecting the bike and expect a full refund. The contract is with them only, they will probably tell you to taklk to the manufacturer but this is incorrect. You deliever the letter along with the bike and the keys to them and I'd give them 7-14 days to respond to you.
If after this time you do not have a satisfactory answer take them to court.
I've succesfully rejected two cars (one after 8 months of ownership). What I learnt from this, is that if I every have to do it again I'd go via the courts as arguing it out on your own is hard work.
I think in your case it is very clear cut - the bike has been off the road for a long period, and has had many vists to the dealer due to many faults. It 'fails' to meet the SOGA on at least the points I have mentioned above.
Hope this helps,
Martin
Within 6 months of purchase, SOGA basically says that any fault appearing within this time is taken to have been there from day one. Even after 6 months, when the onus is on you to show the bike is faulty, this wouldn't be difficult as the bike is constantly leaking oil.
You could reject with just one oil leak if you wanted, you have had 4.
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
>>The bike is not free from defects, it has had 4 major issues. It is very clear that it has an inherent fault or faults.
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
>>Due to the faults, the bike is not of satisfactory quality.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
>> As above, the bike is not free from defects and is potentailly dangerous to ride, due to the risk of it running over it's own oil.
Now the tricky bit - You put the above and any ammendnments in a letter to the dealer stating that you are rejecting the bike and expect a full refund. The contract is with them only, they will probably tell you to taklk to the manufacturer but this is incorrect. You deliever the letter along with the bike and the keys to them and I'd give them 7-14 days to respond to you.
If after this time you do not have a satisfactory answer take them to court.
I've succesfully rejected two cars (one after 8 months of ownership). What I learnt from this, is that if I every have to do it again I'd go via the courts as arguing it out on your own is hard work.
I think in your case it is very clear cut - the bike has been off the road for a long period, and has had many vists to the dealer due to many faults. It 'fails' to meet the SOGA on at least the points I have mentioned above.
Hope this helps,
Martin
Edited by mph999 on Sunday 1st August 09:14
SOCA allows you to reject goods that are not fit for purpose. It certainly sounds as if that is the case here. As previous posters have said, don't expect it to be easy though. I would have one polite conversation with the dealer and give them the chance to do the right thing. Do not get dragged into a prolonged negotiation. If you don't get any joy, then get your solicitor to write to them formally rejecting the goods. You may want to think about copying the UK importer into this letter. This will usually get a result. Just don't expect to be the dealer's mate again!
bigmadjohn said:
I then asked about a refund to be told the same. At this point the manufacturer pointed out that the law in this country puts the onus on the consumer to prove the goods are faulty after six months. I pointed out I have had the bike for 4 months, and was told that the dealer had logged the bike on the system on the deposit date (also affecting warranty dates).
You could point out to them that the dealers mis-logging of the bike on their system is their problem with the dealer, not yours. You can prove the start of warranty from your collection of the bike, which is the start of the warranty.
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