Best of luck mate.
Good on you for not naming the shop. Badly mis-interpretted publicity could stuff a business's...umm...business.
Large Falcon Collider
Best of luck mate.
Good on you for not naming the shop. Badly mis-interpretted publicity could stuff a business's...umm...business.
"If life gives you a shit sandwich..." someone please complete this expression
Forum whore
If you respect the shop that much, approach them and keep them informed of what you are doing. That way you have kept them in the loop, and they may find some extra motivation to give you a refund.
Just make sure you talk to the shop before you do any legal actions.
If nothing happens, then look after number 1! (YOURSELF!!)
Motorcycing is not a hobby, It is a way of life!
Missed forever! NEVER FORGOTTEN!!
LIVE ON MY FRIENDS!
Friends dont let friends ride Hyosungs
Immature and proud of it.
True, but in practice the dealer will not unilaterally make the call. Most bike shops can't carry the cost of giving away a free bike.Originally Posted by HenryDorsetCase
The importer will be the final decision maker, as per the faulty CBR thread.
Speed doesn't kill people.
Stupidity kills people.
Hardcore Biker
Good Luck.You shouldn't have to put up with that.
L-Plate Rider
Thanks to every one for their support and info on courses of action.
I have spoken with the CAB this am and they have assured me I have recourse under the CG act.
I have since contacted my lawyer and sent the detailed log I have kept of all the issues, they have told me also that I must reject the bike back to the garage under the CG act, they will cite multiple reasons for this, they expect a quick resolution (albeit a costly one for me initially).
So thanks again for everyones help in this matter and I will post details of the resolution if I get one.
The Loose Goose
Good luck, it certainly sounds like you have the law on your side regarding rejecting the goods and getting a full refund. I had a similar problem recently (but with a $50 item of clothing, not a large purchase like a bike!) and the company was dragging their heels about it - they wanted me to return it to the shop I bought it from (100kms away) for a credit, but I explained that it was damaged (found a hole and it wasn't on special due to this) and I wanted a refund, so they said I could post it back. Got a cheque for the full price but I'd spent about $15 on petrol (trying to return it to a closer branch but they are a franchise and wouldn't take it), toll calls and postage, so I wrote them a letter stating how disappointed I was with their customer service. Not only did I get a letter of apology from their national retail manager, but I got a $100 voucher as compensation! And he followed up with a phone call to check I was happy.
I don't blame you for being scared to ride the bike - recalls for little things that need attention are one thing, but serious mechanical problems - and so many in such a short space of time - are quite another. I would definitely be asking for a full refund and I'd be damned careful about what I bought next! As for getting a lawyer, I would say that is the best bit of advice. Sure it costs money, but they can do things faster and better than most of us could. I'm involved in a legal matter at present to do with my business and although it has been expensive, there is no way I could have put my case forward and ensured everything was covered as well as he has.
Yes, I am pedantic about spelling and grammar so get used to it!
Wearing Hi-Viz Black.
Where is this dealer "giving away a free bike"?
They take it back and refund the purchasers money. If they have been good throughout the debacle, then the customer will more than likely want to do more business with that dealer.
As for the bike, this gets returned to the manufacturer and should be used as a diagnostic goldmine for how they will improve that machine.
The old axiom of waiting until all the bugs get sorted out before purchasing the "latest and greatest" still holds true.
TOP QUOTE: “The problem with socialism is that sooner or later you run out of other people’s money.”
Immature and proud of it.
Sorry to disillusion you, but if the dealer takes the bike back without the importers OK, the dealer gets stuck with a faulty bike. Even if he then sells it, ethically doubtful, he will still be seriously out of pocket from the deal.
The buyer will have to be very regular customer to make up that sort of loss.
Speed doesn't kill people.
Stupidity kills people.
www.russiantraverse.co.nz
Doesn't matter. The dealer makes the deal, and the dealer is responsible to ensure the goods are good. That is why one goes to a dealer. The fact that the dealer makes a deal with the importer is irrelevant.
The dealer must give your money back if the goods are faulty. End of story.
Large Falcon Collider
I agree with you BM10, but relatioinships with the dealers just wouldnt work unless there was a bit of give and take. Youve got to both be empathetic and acomodating, unless the dealer isnt, and thats when you get nasty.
"If life gives you a shit sandwich..." someone please complete this expression
Must go faster - but how?
Perhaps the dealer would lend selyahnitram a bike untill this gets sorted?
If the dealer is on your side, that would be fantastic customer relations.
selyahnitram's problem is with the dealer, who he doesn't have a problem with.
The real issue and problem will be with the importer.
The dealer needs to get tough with the importer, and dealer and selyahnitram need to work together on this.
At the rise of the hand by Policeman, stop rapidly. Do not pass him by or otherwise disrespect him.
"channellling the Pleideans"
who here thinks (positively) that selya should buy a SV650? (after this is sorted obviously) Im sort of getting buyers regret about selling mine but I NEED MORE POWER. !! Might get me one of them 330kph Suzuki's everyone is talking about.
"channellling the Pleideans"
sure, but my background means I look for the contract first......
and I realise that the contract between the dealer and the importer isnt covered by the CGA (or the Fair Trading Act) because the parties are in business.
but surely there must be some recourse (other than the obvious legal one) between the dealer and importer in their contract? surely?
(I'd love to read one....... if anyone has one handy)
L-Plate Rider
I have been in contact with the importer also, when I first looked at the bike I contacted the importer and asked him some questions about accessories, warranty and spare parts - thought I had done my homework!
But as the bike began to fall apart I also contacted the importer again myself (the dealer way being shafted by him also) the way the importer has responded to me was shocking to say the least, couldnt care less about quality of product or my situation just said he would get the bike fixed again and again and keep getting it fixed, didn't understand what all the fuss was over about over some "teething problems", like to meet him down a dark alley for sure......
I have discussed the emails sent to the importer with my dealer, and the dealer told me I was wasting my time trying to get my money back through him - just trying to save the dealer all this aggro, looks like it has now backfired on me - I have no choice but to take legal action with my dealer as the sale contract is with him - I would rather go after the importer but my lawyer has told me I cannot.
I really dont want to do this but feel I am backed in to a corner and so I will come out fighting
L-Plate Rider
Just wanted to update everyone, I have had a few PM's about this subject but due to family illness in the UK I have not been able to update the story.
As you may remember I started legal proceeding against said motorbike shop owner here in Wellington as the law did not allow me to go after the importing / head company here in NZ (shame cos its those bastards that need a good kicking). I still will not name the company or the bike shop as I don’t want to cause further trouble, most of you have a very good idea of whom this is not from me but from blabby mouths at the dealership who have talked about it. I you feel you want to name them on this forum then that is up to you.
Anyway after legal proceeding started the bike shop gave me a cash offer which my solicitor told me to refuse as they had no leg to stand on and I had been treated so Sh** as a "new" bike owner.
I was called back to the shop and given the full amount! - I was told they had on-sold my bike to some other poor suspecting fuc***!! and could afford to settle out of court.
If the poor suspecting bastard who has my old bike is on this forum I apologise for them selling you that lemon - and I hope you don’t have to suffer the crap I went through!
So I have all my money back and a 4 month hell ride to remember.
I don’t blame the dealership for all the issues, more so the back up and service not given by the importer distributor - the main man from this company is a jerk, I tried to talk to him about issues and he told me there was nothing to discuss, I think the dealership get the same response most of the time.
I am now the proud owner of an immaculate, and I mean immaculate, rare black and yellow CBR600FY, I ride to work (Wellington) and back (Paremata) every day and have over the past 4 weeks had no problems at all, probably the best bike to ride I have ever owned!
So all's well in the world again for me, if anyone out there wants to buy a bike from this dealership, I still would, just not that particular make. And if you do want to buy one i am happy to discuss my experiences with you.
***Would love to go out on a ride with any guys in the Welly area sometime.
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