Would like some bikers advice

[Grahameeboy]

Under conusmer act goods for sale must be fit for purpose.
As it is not then ask for full refund.
Next see a lawyer.

I reckon...you have spent enough time getting no where and assuming bike cost more than $7,000......when case is heard by District Court (maybe more now) you may even get cost back so I reckon Lawyer is No 1 priority.....they will probably do 1 letter for you to let thee dealer know you mean business and I reckon this will be enough.

[imdying]

Is the loan finance. If so refuse to pay any more instalments...after all they are interested party

Whatever you do, don't follow this advice. Your loan contract would quite clearly outline the penalties for defaulting, possibly even cancellation of the loan, resulting in you having to front up all the cash now.

[Fatjim]

If the bike is unrideable because it is unreliable and unsafe dispite the repairs then you need to take positive action. Bike dealers need to realise that at some stage they have to replace or refund as the law requires.


You need to notify the supplier that you are rejecting the motorcycle, the grounds for this (quote the consumer guarantees act 1993 section 6 (see url above) ncluding a list of failures. Also state that has a "failure of substantial character" according to section 21(a) and 21(d).

You should also state that you regret that it has got this far, that you would have preferred them to volunteer this remedy without you having to resort to this.

Then you need to arrange for them to pick the bike up, if they refuse, state that you will get it relocated at their cost.

It would pay to get a lawyer to write the letter as well, just to make sure all tyour i's are dotted and your t's crossed.

[Fatjim]

bugger, this was a repeat.
correct url below is http://www.legislation.govt.nz/libra..._a1993-091/s.6

[Grahameeboy]

Whatever you do, don't follow this advice. Your loan contract would quite clearly outline the penalties for defaulting, possibly even cancellation of the loan, resulting in you having to front up all the cash now.

Sorry......but I did say tell them first......I have heard that in some case you can do this......

[selyahnitram]

Guess I better ring my lawyer - just dont want to piss them off and loose any offer they have already made.

:spudwhat:

[Grahameeboy]

Guess I better ring my lawyer - just dont want to piss them off and loose any offer they have already made.

:spudwhat:

Is it really an offer though!!!

[selyahnitram]

Shit.... I just wish I had bought the blackbird or the VTR.

That is the last time I let the wife have any input into buying a bike

[Lou Girardin]

That is the last time I let the wife have any input into buying a bike

Make her pay then. One way or another

[zagy]

Brother in law brought a Triumph 2005 and had nothing but trouble with it for three months blowing oil sensors. Bike shop were it was purchased from ended up stripping motor and found filings and siliocone in the oil tracks. Bike shop tried to make him take the bike back, brother in law ended up getting advice from Consumer Affairs who advised him that under the consumer guarantees act he was entitled to a full refund which he recieved.

[HenryDorsetCase]

It doesn't sound "fit for it's intended porpoise". There are definite safety issues in your post, it doesn't sound safe to ride.
Threaten the importer with the Consumer Guarantees Act, if they don't play ball, follow through.

Sorry Lou, he doesnt have to do squat to or for the importer, his contractual relationship is with the dealer. The dealer has to make good on it.

And the CGA has teeth. selya... go to www.legislation.govt.nz and check it out.

[thehollowmen]

Here is another link that might help you although it is worded "for cars buyers"

http://www.consumer.org.nz/topic.asp...'%20rights

[HenryDorsetCase]

Thanks for all your help:

Firstly - I dont want to go shouting crap about the dealer as they have tried very hard to get the bike fixed and I believe they are just as pissed as me by the NZ representative of the Manufacturer, they just dont have a bike I can afford or want.

Secondly - I agree they should give me my money back, but getting to that point takes time and time I do not have, really need a outcome very soon.

Thirdly - the bike is a 90 degree V twin and pushes out over 70 BHP, so plently enough power for comuting and playing.

I was hoping the threat of advertising these issues with the dealer and manufacturer would help things along, but that doesnt seem to be the case, if I do shout crap about them I might loose the trade price I already have been offered?

I think most of us have guessed what make and model the bike is already, and Aucklanders will know the dealer.

Frankly, the last thing you need to be doing is posting about this on the interwebby.

Having said that, theres been heaps of good advice given.

I have PM'ed you.

[MD]

1. Shit.... I just wish I had bought the blackbird or the VTR.

2.That is the last time I let the wife have any input into buying a bike

1 we can figure out what type of bike it now and guessing you got it new that leaves one of two shops in this town and they are both run by good folks. So, well done not naming the shop. Please don't unless they really dump on you and I doubt they will. Sounds like they are trying hard to help (as you have said).
2. fault located !
nah, they look like well constructed bikes to me and I haven't heard any bad stories so far.
If all this is about mechanical probs then surely they can be fixed. Sometimes its just takes time to suss out the cause. good luck anyways.

[selyahnitram]

As I have said, I have no intention of naming them, they are good guys and are caught in the shit just like I am, I have told them if they can find me another bike I like I would buy from them again, no hesitation, I have no intention of walking away, they are my local dealer and will continue to be if we can find a resolution.
Problem is they have nothing to offer me!

I have had an assortment of issues both mechanical and electrical - the mechanical problems caused the geabox to seize twice,this would not have been serious normally, but both times I was crossing intersections, really not an inspiring problem as I was nearly hit by cars and trucks

In total in the 3 months I have owned this bike it has been back to the garage 7 times, has been off the road for a total of nearly 5 weeks.
This is a new model and the first of its kind sold in NZ, I dont know about anyone else but I do not want to carry on being test rider for this company, I am not to big to admit I am actually scared to ride this thing each day and want to part company with it ASAP.

I will be ringing Ministry of consumer affairs and citizens advice first thing in the morning regarding the consumers guarantee act and acceptable quality, I will also be calling my lawyer and asking her to draft a letter, I really dont want to go down this route but what other choice do I have left??