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ScootMe
28th May 2012, 20:08
Hi All, I am after some advice. 4 weeks ago I purchased a scooter from a store in Auckland. It has been back 5 times so far with electrical problems, which were fixed quite quickly (Headlight fell off, Indicator a switch broke, Bulb broke, Indicator cable broke) and tonight my bike cut out and wouldn't start and I had to push for 3 hours to get home as I couldn't afford a tow truck.

I have really had enough of this scooter and I am wondering what rights I have in regards to demanding my money back?

Thanks in advance.

Gman71
28th May 2012, 20:08
What make?

EJK
28th May 2012, 20:09
Must be a Chinese scooter...

ScootMe
28th May 2012, 20:09
What make?

It's an LML Belladonna 150cc

ScootMe
28th May 2012, 20:12
Must be a Chinese scooter...

Nope, Not Chinese and not cheap either.

skippa1
28th May 2012, 20:15
It's an LML Belladonna 150cc

nothing worse than pushing a cheap scooter :msn-wink:

Fast Eddie
28th May 2012, 20:16
if you bought it from a dealership I'm sure you have some rights.

best to call someone that actually knows - consumer rights have a website - http://www.consumer.org.nz/reports/car-buyers-rights

says there they have to fix it in reasonable time - give you a replacement or refund...

yea id talk to dealer or someone that knows about law

tnarg
28th May 2012, 20:16
Check this web site. http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right

ScootMe
28th May 2012, 20:19
Check this web site. http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right

Thanks, That's is exactly what I was after. I would consider the bike unfit for purpose and unsafe.

ScootMe
28th May 2012, 20:21
if you bought it from a dealership I'm sure you have some rights.

best to call someone that actually knows - consumer rights have a website - http://www.consumer.org.nz/reports/car-buyers-rights

says there they have to fix it in reasonable time - give you a replacement or refund...

yea id talk to dealer or someone that knows about law

Thanks for that. Good advice.

If you were in my position, What would you do?

davereid
28th May 2012, 20:27
Hi All, I am after some advice. 4 weeks ago I purchased a scooter from a store in Auckland. It has been back 5 times so far with electrical problems, which were fixed quite quickly (Headlight fell off, Indicator a switch broke, Bulb broke, Indicator cable broke) and tonight my bike cut out and wouldn't start and I had to push for 3 hours to get home as I couldn't afford a tow truck.

I have really had enough of this scooter and I am wondering what rights I have in regards to demanding my money back?

Thanks in advance.

You have to give the importer the chance to put the faults right, before you can demand a refund. It seems that he is actually getting stuck in and repairing the faults as quickly as can be reasonably expected, but that doesn't alter the fact you are pushing your scooter more than riding it.

Not withstanding that, while its likely its another electrical gremlin, it cant really be proven until you get it fixed again. It could be a tank of dodgy petrol, or a whole range of things outside of the importers responsibility.

And it may be that shoddy assembly is the issue rather than the vehicle being a lemon - so its worth getting it fixed under warranty again, but asking them to take a careful look at the balance of the bike.

The importer will be aware that he is being watched, and may put a bit of effort in.

Good luck.

Laava
28th May 2012, 20:34
You have to give the importer the chance to put the faults right, before you can demand a refund. It seems that he is actually getting stuck in and repairing the faults as quickly as can be reasonably expected, but that doesn't alter the fact you are pushing your scooter more than riding it.

Not withstanding that, while its likely its another electrical gremlin, it cant really be proven until you get it fixed again. It could be a tank of dodgy petrol, or a whole range of things outside of the importers responsibility.

And it may be that shoddy assembly is the issue rather than the vehicle being a lemon - so its worth getting it fixed under warranty again, but asking them to take a careful look at the balance of the bike.

The importer will be aware that he is being watched, and may put a bit of effort in.

Good luck.

Headlight fell off, bulb broke, indicator cable broke, these are not "electrical gremlins" by the sound of it. Piss poor quality more like! Get your money back at all costs! If you have had that much go wrong already.....

darkwolf
28th May 2012, 20:36
I think you have been more than reasonable, you've given them plenty of opportunity to get it right. The key is how you approach it from there. If you go in and explain that after all the issues you have had, you have let them try and remedy the problem but after this you now need them to take it back.

Just don't get mad, and don't accept any fob offs.

The alternative is to go in raving mad threatening fair go and threatening to take them to the disputes tribunal etc.

Eventually both will work and you are right either way but one way will be easier and potentially leave you with a business relationship you may be able to rely on. The other will cause you frustration and leave you without transport for a while.

ScootMe
28th May 2012, 20:46
Headlight fell off, bulb broke, indicator cable broke, these are not "electrical gremlins" by the sound of it. Piss poor quality more like! Get your money back at all costs! If you have had that much go wrong already.....

I tend to agree with you. I am a patient person, but last time I took it in the mechanic was quite rude and short with me. Last time I went in I specifically asked them to check the electrics over as I was loosing faith in the bike. The mechanic was quite defensive and said it was great quality and it had all been checked twice before.

ScootMe
28th May 2012, 20:48
I think you have been more than reasonable, you've given them plenty of opportunity to get it right. The key is how you approach it from there. If you go in and explain that after all the issues you have had, you have let them try and remedy the problem but after this you now need them to take it back.

Just don't get mad, and don't accept any fob offs.

The alternative is to go in raving mad threatening fair go and threatening to take them to the disputes tribunal etc.

Eventually both will work and you are right either way but one way will be easier and potentially leave you with a business relationship you may be able to rely on. The other will cause you frustration and leave you without transport for a while.

I usually don't get mad, but after leaving work at 5pm and getting home just before 8 I was pretty furious. My main concern now is that I don't feel safe on the bike, and I don't think I ever will anymore.

Gremlin
28th May 2012, 20:50
I think there was a thread while ago about a lemon of a bike...

Long story short, they need to be given the opportunity to fix the problem. Yes, it does mean you get to endure some "fun", but you also need to think from the dealers end (needs an opportunity to correct for you). The grey area is where that line actually lies. When is enough, enough?

Note the wording in the consumer link... it must be substantially unfit for purpose. Broken bulbs happen (yeah, not normally on new ones, but bulbs do break) for example. Headlights shouldn't be falling off however, and could definitely be unsafe if it lands in your path etc. Once fixed however, has it broken again? If the same part keeps breaking then you definitely have more ammunition, as clearly they are failing to fix.

On the bright side, perhaps yours will be the best quality one around, having been minutely inspected and issues fixed?

Zamiam
28th May 2012, 20:53
$4400 + orc. That's not a cheap scooter. I'd be creating merry hell. I'd approach them politely and ask for your money back as its clearly not fit for purpose.

steve_t
28th May 2012, 20:54
Back to the dealer 5 times in 4 weeks and then it cut out tonight... I'd be planting the seed in the dealer's mind that the bike might not be fit for purpose and that if many more things go wrong, you'll be looking to get a refund. Obviously, the dealer doesn't want to spend half their day fixing up issues with your bike either. If your bike is going to be off the road for a significant length of time, it can't hurt to ask for a loan bike for the interim but be aware you might be liable for an insurance excess etc

ScootMe
28th May 2012, 20:56
I think there was a thread while ago about a lemon of a bike...

Long story short, they need to be given the opportunity to fix the problem. Yes, it does mean you get to endure some "fun", but you also need to think from the dealers end (needs an opportunity to correct for you). The grey area is where that line actually lies. When is enough, enough?

Note the wording in the consumer link... it must be substantially unfit for purpose. Broken bulbs happen (yeah, not normally on new ones, but bulbs do break) for example. Headlights shouldn't be falling off however, and could definitely be unsafe if it lands in your path etc. Once fixed however, has it broken again? If the same part keeps breaking then you definitely have more ammunition, as clearly they are failing to fix.

On the bright side, perhaps yours will be the best quality one around, having been minutely inspected and issues fixed?

Sure the basic stuff like bulbs and a few minor issues I can handle, but the bike now wont even start and died while I was riding it home. I class that as substantially unfit for purpose. I will give them the opportunity to fix this issue, but who is going to pay to have it towed to their location? It's 25 km from where I live?

ScootMe
28th May 2012, 20:57
$4400 + orc. That's not a cheap scooter. I'd be creating merry hell. I'd approach them politely and ask for your money back as its clearly not fit for purpose.

Yes, it was very expensive for a scooter. I thought I was buying quality workmanship and reliability. I guess not.

darkwolf
28th May 2012, 21:00
I usually don't get mad, but after leaving work at 5pm and getting home just before 8 I was pretty furious. My main concern now is that I don't feel safe on the bike, and I don't think I ever will anymore.

I know what you mean. But as I've said there are two ways. Steve's suggestion of planting the seed about the refund might not be a bad idea. They get one last opportunity to fix it and make sure nothing else goes wrong - this should mean the bike will be checked with a fine tooth comb.

However, I personally you would have grounds at this point to go back to the dealer and discuss with them the issues you have had and that you no longer feel the scooter is fit for purpose. And despite giving them opportunities to fix it, the scooter has failed too many times to be fit for purpose.

But as angry as you are, the attitude of how you approach it is what will be the difference between them working with you or against you.

ScootMe
28th May 2012, 21:06
I know what you mean. But as I've said there are two ways. Steve's suggestion of planting the seed about the refund might not be a bad idea. They get one last opportunity to fix it and make sure nothing else goes wrong - this should mean the bike will be checked with a fine tooth comb.

However, I personally you would have grounds at this point to go back to the dealer and discuss with them the issues you have had and that you no longer feel the scooter is fit for purpose. And despite giving them opportunities to fix it, the scooter has failed too many times to be fit for purpose.

But as angry as you are, the attitude of how you approach it is what will be the difference between them working with you or against you.

Sounds advice. I appreciate everyone's comments. I think I will sleep on it and make a decision tomorrow. Thanks.

ducatilover
28th May 2012, 21:24
Get a refund and buy two GN125s...:lol:

Headbanger
28th May 2012, 21:33
If you don't want the bike anymore then take it back, ask for a refund.

Screw what the dealer thinks, Thats not your problem.

If you want to keep riding the lemon bike merry-go-round then just carry on as you are.

Gremlin
28th May 2012, 21:40
Sure the basic stuff like bulbs and a few minor issues I can handle, but the bike now wont even start and died while I was riding it home. I class that as substantially unfit for purpose. I will give them the opportunity to fix this issue, but who is going to pay to have it towed to their location? It's 25 km from where I live?
Assuming you've bought from them... brand new?, and it's a month old, it's not normal, they should be collecting. As you said, warranty is covering repairs, but being new it shouldn't really be breaking, should it?

As said, a calm informal discussion with someone important in the shop about being fit for purpose will demonstrate you are reasonable but serious. Remember to be calm, treat them as you'd want to be treated, and it will be much easier. I have told a dealer before I was refusing to pay to fit an accessory as I'd paid twice already, and it couldn't be completed because the brand new parts arrived faulty. They looked at the history and agreed, I'd been reasonable etc, and covered it.

Remember, everyone is a human and deserve a little respect (makes the world go round much more easily) until they prove they don't want it.

tbs
28th May 2012, 21:47
One thing to bare in mind is that the warranty does not cover your faith in the product. It is there to make sure that faults in the scooter are resolved at the manufacturer's expense, but how you feel about things, or your disappointment in it's lack of perceived quality, or even the inconvenience caused by it's failure is legally irrelevant.

It also pays to remember that the vendor didn't design, spec, or assemble your scooter. They merely acted as an agent between you and the manufacturer. How you approach the vendor can make a huge difference in how they react to your problems. If they feel you are having a go at them over it then they might well be less than co-operative. Talking about your lack of faith in the scooter could be a really good way to annoy them.

Hey I'd be really annoyed too.... Just stick to the facts.

mossy1200
28th May 2012, 22:13
I would be stating that you purchaced the scooter with the intention of easy trouble free town commuting and for convenience and it has failed to fulfil its function 5 times in 4 weeks and that you feel that you have given the shop a fair go but you would be happy to have the scooter repaired on the condition that if it fails again other than operator error you would like refunded. Also ask to have this in writing.
If he refuses ask him to hold the scooter while you seek advice and leave it at the shop.

gammaguy
28th May 2012, 22:19
in my life i have purchased precisely two used cars from dealers.

precisely two times i had to take the assholes to small claims court to get them to fix things they hoped i would not notice,sadly for them i am a qualified technician,so i noticed.

I gave them plenty of time to get their act together and either send me the parts or the money to replace them with,and predictably after much bull and messing me about they did neither.

I won both cases.

moral of story,give them time to sort it out(but not too long),if they dont,take them to small claims court,and dont let them bullshit you.

Good luck

tbs
28th May 2012, 22:26
Also remember that dealers probably hear quite a few JRA stories. As in "I was just riding along, when the bike spontaneously...." Fill in the blanks. You'd be amazed at what some people will try to claim under warranty.

Gman71
28th May 2012, 22:48
First you must give them a chance to fix or replace.

Document every interaction and communication.

If you are still unhappy you must reject the vehicle in writing under the consumer goods act as unfit for purpose.

You will probably end up at the motor vehicle disputes tribunal. If its as bad as you say, you will win.



http://www.justice.govt.nz/tribunals/motor-vehicle-disputes-tribunal

winston
29th May 2012, 07:39
ask them if they are sure it wont brake down again.

if they say it wont break make them promise to pick you up if it does. if they say no ask for money back as they are admitting its crap. then by a yamaha dude

ScootMe
29th May 2012, 07:45
ask them if they are sure it wont brake down again.

if they say it wont break make them promise to pick you up if it does. if they say no ask for money back as they are admitting its crap. then by a yamaha dude

I just had a look at the scooter this morning, trying to get it running again and I noticed that the plastic around the air intake is all cracked and has a round a 5 mm space to let in unfiltered air. Also, the left indicator has now blown also (It was the right last time).

5150
29th May 2012, 07:54
but who is going to pay to have it towed to their location? It's 25 km from where I live?

Ask them "politely" to come and pick it up..... or else....

KIPS powervalve
29th May 2012, 08:05
Hi, I am beginning to understand your fury as I own an infamous Hyosung. You're in a powerful position though. I know it sounds tedious, but maybe you should look up your rights under the Consumer Guarantees Act. There are sections on faulty goods and remedies for failures. Clearly the dealership have had ample opportunity remedy the failure, so you will be covered under the Act. If it did go to court (heaven forbid that it wouldn't) you'd have a case to get some of the repair costs back too.

Tigadee
29th May 2012, 08:11
Yes, it was very expensive for a scooter. I thought I was buying quality workmanship and reliability. I guess not.

Get your money back and buy two China scooters, some duct tape and superglue. Anything breaks down on the China scootahs, you can fix with duct tape and/or superglue. All else fails, you can sniff the glue and duct tape yourself to the ceiling, it'll be some fun at least...:whistle:

HenryDorsetCase
29th May 2012, 08:15
Thanks, That's is exactly what I was after. I would consider the bike unfit for purpose and unsafe.

How so? its just some minor nonessential teething troubles which have been repaired by the dealer, as they are required to. Stop being a whiny little bitch.

KIPS powervalve
29th May 2012, 08:24
Relevant sections to read are section 6, 7. Ss 18, and 19. Good luck!

ScootMe
29th May 2012, 08:25
How so? its just some minor nonessential teething troubles which have been repaired by the dealer, as they are required to. Stop being
a whiny little bitch.

Breaking down and not starting is a teething problem?

Crasherfromwayback
29th May 2012, 08:46
The alternative is to go in raving mad threatening fair go and threatening to take them to the disputes tribunal etc.
.

Don't take this option.


I tend to agree with you. I am a patient person, but last time I took it in the mechanic was quite rude and short with me. Last time I went in I specifically asked them to check the electrics over as I was loosing faith in the bike. The mechanic was quite defensive and said it was great quality and it had all been checked twice before.


I usually don't get mad, but after leaving work at 5pm and getting home just before 8 I was pretty furious. My main concern now is that I don't feel safe on the bike, and I don't think I ever will anymore.

You've been more than patient with it, and if the mechanic has been rude or short with you he's a tool. Ask to speak to the manager/owner of the store. Outline everything that's happened, and tell him/her that basically if they can't get the bike to do what it's supposed to do, you'll be seeking a full refund.

Swoop
29th May 2012, 09:00
First of all, DOCUMENT everything.

Write down dates of everything and things that happened on that date.
Everything that didn't work or broke/failed. Dealings (including phone calls to dealer, pushing the scroter from exact location to exact location, etc, etc).
Since you purchased a brand new scroter, request that you are provided with a loan scroter to use while they fix the problem.

Write down conversations had with mechanic / dealer, whether in person or over the phone.

If/when you need to "officially" complain, your case will be far stronger.


The mechanic was quite defensive and said it was great quality and it had all been checked twice before.
By whom? The tea lady? The toilet cleaner? The apprentice?




A colleague went through this with a brand new car. After a little while he had a meeting with the dealer principal. He said "before we discuss the matter, please read this" and handed over his 2 pages of documented faults and dealings with the dealership's mechanics.
After a VERY slow read of the pages the dealer slid the papers to the side and said "what can we do to fix this problem and make you happy".
A solution was found and both parties parted happily.

willytheekid
29th May 2012, 11:13
Breaking down and not starting is a teething problem?

So sorry to read about how much shit you have been through, never nice to invest in a new bike and have drama after drama :crazy:

Read the two below posts....they are right on the money.
...and as for the "mechanic"...Pffft...do it once...do it right! your safety depends on his workmanship!

Hope it all works out for ya mate :niceone:


Don't take this option
You've been more than patient with it, and if the mechanic has been rude or short with you he's a tool. Ask to speak to the manager/owner of the store. Outline everything that's happened, and tell him/her that basically if they can't get the bike to do what it's supposed to do, you'll be seeking a full refund.

+1
:2thumbsup

First of all, DOCUMENT everything.

Write down dates of everything and things that happened on that date.
Everything that didn't work or broke/failed. Dealings (including phone calls to dealer, pushing the scroter from exact location to exact location, etc, etc).
Since you purchased a brand new scroter, request that you are provided with a loan scroter to use while they fix the problem.

Write down conversations had with mechanic / dealer, whether in person or over the phone.

If/when you need to "officially" complain, your case will be far stronger.

By whom? The tea lady? The toilet cleaner? The apprentice?

A colleague went through this with a brand new car. After a little while he had a meeting with the dealer principal. He said "before we discuss the matter, please read this" and handed over his 2 pages of documented faults and dealings with the dealership's mechanics.
After a VERY slow read of the pages the dealer slid the papers to the side and said "what can we do to fix this problem and make you happy".
A solution was found and both parties parted happily.

+1
:2thumbsup

HenryDorsetCase
29th May 2012, 11:19
So sorry to read about how much shit you have been through, never nice to invest in a new bike and have drama after drama :crazy:

Read the two below posts....they are right on the money.



I actually agree with this.

Also I have a Suzuki AN125 for sale which is utterly reliable.

ScootMe
29th May 2012, 11:42
So sorry to read about how much shit you have been through, never nice to invest in a new bike and have drama after drama :crazy:

Read the two below posts....they are right on the money.
...and as for the "mechanic"...Pffft...do it once...do it right! your safety depends on his workmanship!

Hope it all works out for ya mate :niceone:



+1
:2thumbsup


+1
:2thumbsup

Thanks for the empathy. It's has been a pretty disappointing experience so far. I also agree with those two points and am working through them today.

The owner has agreed to pay for the tow and is currently working on the bike, I have made it clear that this is the last change I will give them to get it right, If not I will be asking for a full refund. Hopefully it will be fixed up and no more faults, but I have my doubts.

willytheekid
29th May 2012, 11:54
....Hopefully it will be fixed up and no more faults, but I have my doubts.

So would I if headlights etc started falling off my bike after my mechinc had "fixed it" (luckily my mechanic does it right the first time....I think he knows how fussy and unforgiving I am lol)

Once again, truly hope everything works out for ya :yes:


oh yeah...welcome to KB mate:niceone: (And please remember...don't feed the animals!...they bite!:lol:)

GSXRjohn
29th May 2012, 12:04
If they refuse take them to the Small claims court and I bet they will cough up then!

The bike is not fit for purpose they are not designed to be pushed home!

HenryDorsetCase
29th May 2012, 12:07
Suzuki AN125 HKK for sale. 2800km, I am second owner. It is electric start, has enough snot to keep up with traffic, and can take a passenger on the seat and a weeks worth of groceries in its storage compartment. Had first service at 1000k, and I will change the oil and filter for new owner. It will have not less than three months rego on it. It has been off its wheels twice, once on 22 February 2011 and once on 13 June 2011. No damage bar a few scratches.

All good. Not a hipster douchebag retro POS but an actual functional transport tool.

ducatilover
29th May 2012, 12:45
Also, the left indicator has now blown also (It was the right last time).
Indicators should not swap sides, that's serious.

Get your money back and buy two China scooters, some duct tape and superglue. Anything breaks down on the China scootahs, you can fix with duct tape and/or superglue. All else fails, you can sniff the glue and duct tape yourself to the ceiling, it'll be some fun at least...:whistle:
What this guy says.

On a serious not, as I said before, get your money back and buy a small bike, why buy something for more than twice the price that does less? That's like buying a toaster with one slot.

The Pastor
29th May 2012, 12:59
I think what everyone is saying here, is this - stop being a fag and get rid of the scooter and buy a motorbike.

5150
29th May 2012, 13:12
That's like buying a toaster with one slot.

You can hire them on per 20min, 30min or 60min basis. Happy ending guaranteed

Spazman727
29th May 2012, 14:49
Also remember that dealers probably hear quite a few JRA stories. As in "I was just riding along, when the bike spontaneously...." Fill in the blanks. You'd be amazed at what some people will try to claim under warranty.

I was thinking about this, what happens if say one was in a tight corner and the bike decided to die and you went down? If it could be proven that it was a fault with the bike would the dealer be liable for injury, gear replacement and damage to the bike resulting from the crash?

Murray
29th May 2012, 15:40
wonder why the bike wouldnt start??
Did you do the normal checks like kill switch, petrol??, reserve tank???

Laava
29th May 2012, 16:31
How so? Stop being a whiny little bitch.

Ha ha!


Also I have a Suzuki AN125 for sale which is utterly reliable.

Ha ha extra ha! Good luck with that!

First you insult him and then you try to sell him your piece of shit? Friggen hilarious!

Crasherfromwayback
29th May 2012, 16:51
First you insult him and then you try to sell him your piece of shit? Friggen hilarious!

Nothing at all wrong with AN125's.

HenryDorsetCase
29th May 2012, 16:56
Ha ha!



Ha ha extra ha! Good luck with that!

First you insult him and then you try to sell him your piece of shit? Friggen hilarious!

also epic fail :(

I thought it was a good pitch: he needs transport, he bought a pile of poo, and I have something that is (charitably) unglamorous, but reliable....

HenryDorsetCase
29th May 2012, 16:56
Nothing at all wrong with AN125's.

very good in a natural disaster, I can attest to that.

HenryDorsetCase
29th May 2012, 16:57
Ha ha!


First you insult him and then you try to sell him your piece of shit? Friggen hilarious!

Do you want to buy it?

HenryDorsetCase
29th May 2012, 16:59
I was thinking about this, what happens if say one was in a tight corner and the bike decided to die and you went down? If it could be proven that it was a fault with the bike would the dealer be liable for injury, gear replacement and damage to the bike resulting from the crash?

oooh, ooooh I know this.

Its about reasonable foreseeability innit? the leading case is about that ship at the waharf and an explosion or something? .... ummmmmmmm tip of tongue....

ScootMe
29th May 2012, 19:52
Ha ha!



Ha ha extra ha! Good luck with that!

First you insult him and then you try to sell him your piece of shit? Friggen hilarious!

Yeah, I found that quite amusing. Interesting sales skills.

HenryDorsetCase
29th May 2012, 19:59
Yeah, I found that quite amusing. Interesting sales skills.

I was treating you mean to keep you keen.

How was it for you?

SilentDtH
29th May 2012, 20:10
Sounds like you are on the right track.
If you get really stuck and want some free advice, community law centres are a good option. Here is the website: http://www.communitylaw.org.nz/

actungbaby
29th May 2012, 20:28
Thanks, That's is exactly what I was after. I would consider the bike unfit for purpose and unsafe.

Its just junk fit for scrap heap if cant meet its design abiltys which it cant u should have your money back

Dont take replacment product it may be as un safe i go even further and report to land transport

as how this bike ever passed wof is is beyond me

actungbaby
29th May 2012, 20:33
I know what you mean. But as I've said there are two ways. Steve's suggestion of planting the seed about the refund might not be a bad idea. They get one last opportunity to fix it and make sure nothing else goes wrong - this should mean the bike will be checked with a fine tooth comb.

However, I personally you would have grounds at this point to go back to the dealer and discuss with them the issues you have had and that you no longer feel the scooter is fit for purpose. And despite giving them opportunities to fix it, the scooter has failed too many times to be fit for purpose.

But as angry as you are, the attitude of how you approach it is what will be the difference between them working with you or against you.

I knew guy in chch had old xr 200r he had it since new then brought new one and had nothing but trouble with

it not starting they looked at few times then he got his money back was just a dud plain and simple

orangeback
29th May 2012, 21:07
Hi All, I am after some advice. 4 weeks ago I purchased a scooter from a store in Auckland. It has been back 5 times so far with electrical problems, which were fixed quite quickly (Headlight fell off, Indicator a switch broke, Bulb broke, Indicator cable broke) and tonight my bike cut out and wouldn't start and I had to push for 3 hours to get home as I couldn't afford a tow truck.

I have really had enough of this scooter and I am wondering what rights I have in regards to demanding my money back?

Thanks in advance.

i had the same with a brand new 2010 BMW , broke down 7 times in 1750km ( yes one thousand seven hundred fifty km ), spent 5 1/2 months in shop , in the year i owned it , as long as they are prepared to fix it your stuck with it, i got sick of mine and tock it in the arse for just on 10k , to get out of it, now its someone else's problem, but from what i here he got it to 2500km b4 issue re accured , It was a friday afternoon bike , (as they say)
I'm 39 years old, I've owned 40 bikes, 1 was a BMW and i'll never own another.

Spazman727
29th May 2012, 22:19
i had the same with a brand new 2010 BMW , broke down 7 times in 1750km ( yes one thousand seven hundred fifty km ), spent 5 1/2 months in shop , in the year i owned it , as long as they are prepared to fix it your stuck with it, i got sick of mine and tock it in the arse for just on 10k , to get out of it, now its someone else's problem, but from what i here he got it to 2500km b4 issue re accured , It was a friday afternoon bike , (as they say)
I'm 39 years old, I've owned 40 bikes, 1 was a BMW and i'll never own another.

Surely if it has to spend half its time getting fixed you have grounds for a refund? They can't just keep saying they'l repair it, after that amount of time with the mechanic they must know that there is something wrong with it.

ScootMe
31st May 2012, 14:32
i had the same with a brand new 2010 BMW , broke down 7 times in 1750km ( yes one thousand seven hundred fifty km ), spent 5 1/2 months in shop , in the year i owned it , as long as they are prepared to fix it your stuck with it, i got sick of mine and tock it in the arse for just on 10k , to get out of it, now its someone else's problem, but from what i here he got it to 2500km b4 issue re accured , It was a friday afternoon bike , (as they say)
I'm 39 years old, I've owned 40 bikes, 1 was a BMW and i'll never own another.

A few guys at work have been saying just that.. A Friday bike.

After they fixed it last time it has been running great for 2 days... Hopefully there isn't much left to break.

Paul in NZ
31st May 2012, 15:25
Hopefully there isn't much left to break.

I had a car like that once. I was on first name terms with Mazda service managers in 3 major cities in NZ. If one more person said to me 'I've never seen one of those do that before" I reckon I would have a great defense for justifiable homicide. Eventually Vicki blew a radiator hose and didn't stop driving it.... That fucked it properly.... Best feeling I ever had in my life was when that bloody car left.

ScootMe
31st May 2012, 16:51
I had a car like that once. I was on first name terms with Mazda service managers in 3 major cities in NZ. If one more person said to me 'I've never seen one of those do that before" I reckon I would have a great defense for justifiable homicide. Eventually Vicki blew a radiator hose and didn't stop driving it.... That fucked it properly.... Best feeling I ever had in my life was when that bloody car left.

The electrics are fairly basic on these bikes, so hopefully I't wont end up like your experience. Fingers Crossed.

HenryDorsetCase
31st May 2012, 17:52
one of the women I work with had a cambelt go in her VW Golf last night.

not due to be replaced for another 7000km. tensioner let go which took out the belt or something.

steve_t
31st May 2012, 18:18
one of the women I work with had a cambelt go in her VW Golf last night.

not due to be replaced for another 7000km. tensioner let go which took out the belt or something.

Ouch. New engine time?

ducatilover
31st May 2012, 18:41
one of the women I work with had a cambelt go in her VW Golf last night.

not due to be replaced for another 7000km. tensioner let go which took out the belt or something.

Not unusual. Belt could've been old, but VAG engines love spitting belts. The 4cyl VAG motors have a retarded set up where the belt drives one cam gear and they have another belt from that gear to the other cam :facepalm: :rolleyes:

Gremlin
31st May 2012, 18:45
If one more person said to me 'I've never seen one of those do that before" I reckon I would have a great defense for justifiable homicide.
mmm, interesting thought. I'm kinda used to it, as it's been one of the most used statements by several dealers for my last few bikes. It's not like I'm a common element or anything is it? :scratch:

Flip
31st May 2012, 19:05
The last 2 company cars I have had the use of have been complete POS.

The first was a LPG Falcon ute. It broke down every 9,000 km. its gear box and its ABS were replaced under waranty. The fuel system was some thing else.

The last was a Toyota ute, it was on its third set of injectors, they failed every 40,000km and cost $5k each time and it was on its second clutch when I sent it back.

The Ford Ranger I have at the moment has done 100k and has been 100%.

Rhys
31st May 2012, 19:55
Just had my car repainted under warranty, dealer came around dropped of a loan car, when my car was done they came and dropped it of
It is a pain that it needed to be done, but when they go to that effort to put it wright

4AGE
31st May 2012, 20:56
The last was a Toyota ute, it was on its third set of injectors, they failed every 40,000km and cost $5k each time and it was on its second clutch when I sent it back.


Lol what? 5k for injectors?

steve_t
31st May 2012, 21:03
Lol what? 5k for injectors?

Even if they're those piezo injectors, that still sounds pretty steep

ducatilover
31st May 2012, 21:04
Lol what? 5k for injectors?

Google it, the later model 3L D4D Toyotas are horrid things, injector seals, injector pumps etc etc heaps of failures, some incredibly expensive.
Buy a Toyota mate...real reliable...:tugger:

Gremlin
31st May 2012, 22:26
Lol what? 5k for injectors?
As ducatilover says, big issues with those 3L diesel utes. Dad has them for his construction managers, thankfully they're on lease and they have to replace the injectors. The lease company is now also aware of the issues.

When using the Hilux to compare between brands... yeap, doesn't stack up and not the most reliable of the options. The Toyota continues to sell because of the brand.

CHOPPA
31st May 2012, 22:37
3 new engines in my 07 Hilux....

Take the scooter back.

I have a 100cc Peugeot does 85kmh all good to go! You can have it for $900 delivered

gammaguy
31st May 2012, 23:01
You can hire them on per 20min, 30min or 60min basis. Happy ending guaranteed

as long as your "toast"doesnt come out brown....

gammaguy
31st May 2012, 23:04
one of the women I work with had a cambelt go in her VW Golf last night.

not due to be replaced for another 7000km. tensioner let go which took out the belt or something.


thats why they are called a golf

when the cambelt goes,you get a hole in one

Fast Eddie
1st June 2012, 09:42
thats why they are called a golf

when the cambelt goes,you get a hole in one

aaahh hahahahahahaha :killingme

I had a mk1 GTI and a mk2GTI no issues with their particular engines, bloody good I recon. Did have a wierd issue with the altenator in the mk2, the long bolts that hold the alt together came out, somehow, and once they hit the little fan blades of the alt they snapped and flew up into the bonnet, made 3 or 4 nice little dents pointing upwards in the bonnet. always ran tho!

DODO``
2nd June 2012, 11:37
If they refuse take them to the Small claims court and I bet they will cough up then!

The bike is not fit for purpose they are not designed to be pushed home!

disputes tribunal = more stress. trust me. solve it (if you can) by other means. I don't see whats so hard, if you bought it brand spanking new,, and OP is utterly honest that the break down/ poor workmanship isnt OP's fault (perhaps due to being mechanically ignorant) just ask for refund. easy peasy. although it dose sound like there are some fault with the bike...

I just dont see how "brand new" bike could have that many faults.. LML Belladonnas been around for forever.. IF you are saying the bike is "brand new" because it had low mileage and technically 2nd hand bike, asking for a refund wouldnt be that easy..

Zipper2T
5th June 2012, 20:53
Next time, buy the real thing...

http://www.euroscooter.co.nz/vespa/PX150.htm

Not a crappy Indian clone.

mazz1972
6th June 2012, 10:54
A few guys at work have been saying just that.. A Friday bike.

After they fixed it last time it has been running great for 2 days... Hopefully there isn't much left to break.

If it breaks again read this (http://tvnz.co.nz/fair-go/wednesday-may-9-4875814) which is about a Fair Go story about returns, which was on a few weeks ago.

They also wrote a sample rejection letter (http://images.tvnz.co.nz/tvnz_images/news2012/pdf/rejection_letter.pdf)

Laava
6th June 2012, 16:17
The last was a Toyota ute, it was on its third set of injectors, they failed every 40,000km and cost $5k each time and it was on its second clutch when I sent it back..

I am still on my first set at 130,000km with no trouble. Diesel Maintenance in Whangarei tell me to do the seals, but that is to stop diesel leaking into the sump. The injectors are not serviceable. I had the clutch done at about 55,000km.


Lol what? 5k for injectors?

They are $800 each plus fitting


3 new engines in my 07 Hilux....

Doesn't sound right fella, I know many people with these utes incl myself and yes the clutches are crap from new, and they can have dud injectors but the motors are good as.

Kickaha
6th June 2012, 17:31
Doesn't sound right fella, I know many people with these utes incl myself and yes the clutches are crap from new, and they can have dud injectors but the motors are good as.

I had one of the first of the new shape when they came out, it went back at around 110,000km on the original injectors but had one clutch at 60,000 and another one about 100,000

Best ute I have had so far

Flip
7th June 2012, 09:15
Sorry I have nothing nice to say about my lowlux Toyota ute. It has been the most unreilyable and expensive to fix POS vehicle I have ever owned.

I still have my old series V8 landrover. Not only is it more reilyable, its a much better and stronger 4WD and by the time I factor in the price of the repairs it costs 50% $/km costs of the Toyota.

ducatilover
7th June 2012, 13:17
Sorry I have nothing nice to say about my lowlux Toyota ute. It has been the most unreilyable and expensive to fix POS vehicle I have ever owned.

I still have my old series V8 landrover. Not only is it more reilyable, its a much better and stronger 4WD and by the time I factor in the price of the repairs it costs 50% $/km costs of the Toyota.

Add to that, the Slowlux is very much down on power/torque. That nice ST-X450 Navara on the other hand...107nm more, same price, doesn't look stupid. I fail to see why the Hilux sells, compared to what else is on offer, it's shit.

scott411
7th June 2012, 14:44
Add to that, the Slowlux is very much down on power/torque. That nice ST-X450 Navara on the other hand...107nm more, same price, doesn't look stupid. I fail to see why the Hilux sells, compared to what else is on offer, it's shit.

because they are just as shit, Navara STX (not the 450 the one before) our one, 2 fuel rails before, and 3 sets of disc's before 100,000km's, brought a warranty for it and claimed on it 3 times before 150,000km's, tail gate fell apart which they would not fix under warranty, would never get one again,

the other ute was a BT50 on the other hand had no problems with, and hte new BT50/Ranger is awesome, heaps of grunt, bit bigger than the normal utes, only problem is they are a bit tall and harder to put bikes on the back,

ducatilover
7th June 2012, 14:52
because they are just as shit, Navara STX (not the 450 the one before) our one, 2 fuel rails before, and 3 sets of disc's before 100,000km's, brought a warranty for it and claimed on it 3 times before 150,000km's, tail gate fell apart which they would not fix under warranty, would never get one again,

the other ute was a BT50 on the other hand had no problems with, and hte new BT50/Ranger is awesome, heaps of grunt, bit bigger than the normal utes, only problem is they are a bit tall and harder to put bikes on the back,

I've never heard of the issues with the Navara, but I sit/stand corrected :cool:
Those Ranger/BT50s are a fairly decent rig to drive too.

It's incredible how a brand new ute can suffer so many issues these days, we've had a shitty 2Y engined Hilux for years, all it has needed is tyres and oil changes.

scott411
7th June 2012, 15:06
I've never heard of the issues with the Navara, but I sit/stand corrected :cool:
Those Ranger/BT50s are a fairly decent rig to drive too.

It's incredible how a brand new ute can suffer so many issues these days, we've had a shitty 2Y engined Hilux for years, all it has needed is tyres and oil changes.

I know alot of people that have had trouble with STX nivara's, from turbo's to diffs as well as the problems we had, the brakes are known to be shit,

Headbanger
7th June 2012, 15:43
And there I was thinking there was no way to lower a thread about an unreliable scooter.

I stand corrected.

Start talking about unreliable toyotas.

Next someone will bring up their mazda MX5 (Ultra gay edition)

Murray
7th June 2012, 16:55
The owner has agreed to pay for the tow and is currently working on the bike, I have made it clear that this is the last change I will give them to get it right, If not I will be asking for a full refund. Hopefully it will be fixed up and no more faults, but I have my doubts.

So what was wrong with it?? Is it going now??

GrayWolf
8th June 2012, 09:48
And there I was thinking there was no way to lower a thread about an unreliable scooter.

I stand corrected.

Start talking about unreliable toyotas.

Next someone will bring up their mazda MX5 (Ultra gay edition)

I have a problem with my (miata/MX5) ultra gay edition. The candy pink interior doesnt match the sales brochure. I have taken it back to the dealer 4 times to have this fault rectified, and they keep 'polishing the seats' with conditioner, and telling me that is all they can do... I purchased the car with the baby pink interior specifically to match my lipstick and hairstyle.. well a Metroman has 'GOT' to think of these things.... what can I do? One of the salesmen is just 'so butch' I swear he must be one of those rough Harley rider types, OMG he even has tattoo's on his forarms!! I am a little 'awed' by him, and my boyfriend keeps telling me the only reason I keep going back is 'BECAUSE' of 'Harley man'.... He's such a bitch!!. Anyway fellow biker types, what can a boy do about this dilemma? Should I return the car and demand a refund? The orange paintwork is perfect, and the exhaust sound is so 'manly'... it's just well the pink interior isnt PINK ENOUGH!!!

ducatilover
8th June 2012, 17:55
I have a problem with my (miata/MX5) ultra gay edition. The candy pink interior doesnt match the sales brochure. I have taken it back to the dealer 4 times to have this fault rectified, and they keep 'polishing the seats' with conditioner, and telling me that is all they can do... I purchased the car with the baby pink interior specifically to match my lipstick and hairstyle.. well a Metroman has 'GOT' to think of these things.... what can I do? One of the salesmen is just 'so butch' I swear he must be one of those rough Harley rider types, OMG he even has tattoo's on his forarms!! I am a little 'awed' by him, and my boyfriend keeps telling me the only reason I keep going back is 'BECAUSE' of 'Harley man'.... He's such a bitch!!. Anyway fellow biker types, what can a boy do about this dilemma? Should I return the car and demand a refund? The orange paintwork is perfect, and the exhaust sound is so 'manly'... it's just well the pink interior isnt PINK ENOUGH!!!

You n00b, you ticked the Salmon interior box.

Headbanger
12th June 2012, 19:46
hmmmmm.....serious lack of updates.

Perhaps we need to once again sabotage his scooter.

Spazman727
13th June 2012, 16:08
hmmmmm.....serious lack of updates.

Perhaps we need to once again sabotage his scooter.

Maybe the scooter finally got rid of the rider?