Honda CBR1000R5 - I got a lemon...

[vifferman]

A guy I used to work with bought a brand-new Land Rover Discovery. Within a couple of weeks, he had it dump all its transmission fluid on the side of the road and grind to a halt (it was an auto). They fixed that, he had some more problems, so he demanded his money back. They gave him a replacement instead, and had problems with that, including it boiling over, overheating, etc. He demanded his money back, they quibbled over that, and said they'd fix things up, so he went to his lawyer, had him write to the dealers, and they (eventually) refunded his money in full, based on the CGA, and his lack of confidence they could give him a reliable vehicle (fit for purpose).

[ams67]

Thank you all for your feedbacks.
I know that Honda is known as a reliable bike. That's why I have 3 Honda at the moment and other 4 in the past.
I also understand that a lemon can happen. What I cannot forgive is not the bike, but the Honda customer service. Basically they assumed that I am going to accept all their craps without any consequence. They treated me like a liar, an imbecille who misuses the clutch to level of make it fry. I have done more than 70% of the total Km done on the CBR1000 riding on motorways .
II ride bike for more 25 years. When I say ride I mean almost every single day. (I hate driving cars and get stuck in the trafic). I have been a very good Honda customer (I bought 7 Honda).
Now that I have an issue with them because they gave me a lemon they are showing their real nature. They don't take their responsability.
What can be a single rider compared with a huge Honda enterprise.
So, I am very disappointed. I hope none of you have to deal with the Honda distributor in Auckland (NZ?).
The only thing left to do is talking again with the Honda dealer and see what they propose. If I will get the same reponse I received from the Honda distributor I will go legally. I will not give up.
Enough is enough.

Thanks again, I will keep you posted.

[jazbug5]

A little off topic, AMS67- but are you from New Zealand originally?
(I'm a damned foreigner myself, but it's ok- they're kicking me out in a month exactly..)

[vifferman]

A little off topic, AMS67- but are you from New Zealand originally?
(I'm a damned foreigner myself, but it's ok- they're kicking me out in a month exactly..)

What? That's not good.
Best you become a terrorist, or join a triad or summat, so you can become more desirable as a potential NZ citizen.

[ams67]

I just received a phone call from the Honda dealer. They said that because the Honda distributor has decide to not give me the replacement they have their hands tied.
I am very disappointed. I am really not sure what I should do now.
Cheers
Antonio

[MSTRS:Me]

Engage a lawyer

[MSTRS:Me]

A little off topic, AMS67- but are you from New Zealand originally?
(I'm a damned foreigner myself, but it's ok- they're kicking me out in a month exactly..)

Quite right too. One-eyed foreigners coming here & taking our jobs etc. Sheesh.
pt

[duckman]

Hey Antonio,

Glad to see you made it onto the site ....

I would suggest you threaten the Honder dealer with a bad credit rating and then buy a GSXR1000

**should a bought a Suzuki **

[That Guy]

Get a lawyer onto them if you can afford it. Even just an hour of the lwayer's time to write a formal letter for you (send a draft copy too before hand to the lawyer to get the most value out of your hour).

[sAsLEX]

contact them with regards to this site! a few thousand members can pack a fair punch when they decide not to buy a paticular brand or from a paticular shop!

Doesn't look good for either Honda or Cyclespot at the mo.

[jazbug5]

Unacceptable.
Not much more than that to add- but it's hardly a good look, is it? If they have misgivings about how you may have been riding it, why can't they have an independant mechanic do a report on the type of wearing etc?
That at least would lend some credence to their position.

[ManDownUnder]

From the legal side of things... this in from my sister..

===
The para below is from the Laws of NZ series, the "Sale of
Goods" title (in this title, the law is stated as at 15 December 2003 so
it's pretty up to date).

para 103. Guarantee of acceptable quality in consumer sales

Where goods are supplied to a consumer, there is a guarantee that the
goods are of acceptable quality.1 The guarantee does not apply where any
defects in goods have been specifically drawn to the consumer's
attention before the consumer agrees to the supply.2 In the case of
goods which are displayed for sale or hire, the only defects which are
treated as being specifically drawn to the consumer's attention are
those disclosed on a written notice displayed with the goods.3

1 Consumer Guarantees Act 1993, ss 6, 7(1), definition of acceptable
quality and 2, definitions of goods and consumer. See Motor Vehicle
Disputes Tribunal Decision AK 45/95 [1995] NZAR 230.
2 Consumer Guarantees Act 1993, s 7(2).
3 Ibid, s 7(3).

===
I/she doesn't have access to the See Motor Vehicle Disputes Tribunal Decision AK 45/95 [1995] NZAR 230. but it might help further...

Be fun to have this printed out and walk into the shop and point out where they stand morally (pissed off customer, biker community knows about it etc) and legally (depending on what you find in the above documentation)

If I recall my uni days with any accuracy at all, good must be fit for the purposes for which they are sold. A car that doesn't go doesn't meet that criteria (and indeed it is a car sale case that sets the precedent for the fitness of purpose test).

I just can't find that case - sorry...

Good luck!
MDU

[Death 'N' Taxes]

Sorry if some of this has been repeated, but I only skim read previous replies.

In certain circumstances you are able to seek legal redress against the manufacturer under the CGA as well as the dealer/retailer you purchased the goods from.
So you may be able to attack this on two sides.

This website provides a link to all NZ legislation so you can have a look yourself

http://www.legislation.co.nz/

Someone mentioned the Citizens Advice Bureau for getting some high level free advice.
Another option is the Consumer Affairs Department. They engage law grads etc to sit in their office and provide high level free advice in respect of your rights in situations like this.

The Act also outlines various remedies which the supplier must provide for goods that aren't fit for purpose etc.

Hope this is of some help.

[HenryDorsetCase]

just a couple of points to consider.

Your contractual relationship is with the dealer from whom you purchased.

They have a duty to provide you with what you contracted to receive, i.e. a functioning motorcycle, as someone said "fit for its purpose". I am presuming you are a "Consumer" entitled to the protection of the CGA for the purposes of this, as seems likely from your posts).

There is a procedure in the CGA (basically you have to give them an opportunity to fix it (which you have) etc. The "Getting a refund" option just might not be possible in the circumstances.

You might have a claim for consequential loss (might!) but if it cost you two extra days accommodation in sunny Timaru cos the bike shit itself then thats foreseeable and thus recoverable.

Dont be fobbed off by screeches from the dealer about the distributor not coming to the party. Quite simply that is not your problem. Tell them so.

Get lawyered up.

Give them death.


On a personal note, the only bad experiences I have had with motorcycle dealers have been with Honda. One of the reasons I bought a new Suzuki.

Problem is I want my next bike to be a Ducati, and the dealer here is Honda and Ducati..... grrrrrrrr.

Good luck and let us know how you get on.

[ManDownUnder]

Hey Antonio,

Glad to see you made it onto the site ....

I would suggest you threaten the Honder dealer with a bad credit rating and then buy a GSXR1000

**should a bought a Suzuki **

OI - you upstairs... I haven';t seen you in here for a while... bout bloody time!
MDU