Would like some bikers advice

**selyahnitram** · 18th January 2006, 13:43

Would like some bikers advice – I have been riding bikes for 18 years and owned 10 different bikes in that time, I have never really had any major mechanical problems before.
3 months ago I bought a NEW bike (make and where I purchased withheld to protect dealer), this was my first brand new bike and was purchased for daily commuting and weekends away. The bike was ok for the first month, I clocked up loads of K's and run it in well, it had its first service and then started to have mechanical issues; these were intermittent at first and as such took lots of problem solving from the dealer. In the next 2 months the bike went back to the dealer 8 times due to problems. The bike has done 3,000k, and after 1 week without issues it has again had to be returned with another failure – I have twice nearly been killed because of the gearbox seizing whilst riding in heavy traffic! I have been in contact with the manufacturers in NZ and explained, as the dealer has, that this bike is a LEMON. The manufacturers have refused to replace the bike and will only help out with warranty claims, and have told me this is all they will do regarless of how many "teething problems" I have to contend with.
The bike has again been fixed and I received it back again yesterday, I am now am terrified to ride it! Will it break down again, is it safe to ride? Who knows?
The dealer has been incredible, offering me loan bike after loan bike. In frustration of these ongoing issues and the lack of help from the manufacturer the dealer has now offered to buy back the bike as a trade in -this will be a $2,000 loss for me. The problem is he has no other new bikes in my price range, and no second-hand bikes of the type I want in stock, so I am stuck either having to increase my loan (which I cannot afford) to buy a bigger bike, or wait until another second-hand similar style bike comes in to the dealership, and in the mean time so I don’t have to ride that bike again, I have to get lifts or bus everywhere making me late to and from work.
The dealer, understandably, will not give me cash to go elsewhere, or buy privately so I am stuck now between a rock and a hard place. What do I do??

**riffer** · 18th January 2006, 13:46

What's your insurance excess?

Less than $2000?

edit: on another note, do you believe the vehicle sold to you was fit for the purpose you intended it?

You could possibly have grounds for return of your money.

Bad luck for both you and the motorcycle store, I reckon. I'm sure they would (I have a fair idea of who the store is) like to see you right on this one.

If I were you, I'd probably write the experience off as the price you pay for being an early adoptee, and buy a Japanese bike (and take the financial hit, if you can).

**Sniper** · 18th January 2006, 13:47

Let me guess. Its a Honda 1000? Best bet is to fight the manafacturers.

**marty** · 18th January 2006, 13:48

i think the dealer should be considering giving you a refund and arguing with hyosung - you shouldn't have to wear the loss.

i wouldn't say the dealer has been incredible - they sound like they have only been keeping to their side of the warranty/consumer protection act - nothing more than that.

you need to have a discussion with WINJA about warranty claims. personally, i don't think that your bike has fulfilled the intent that it was purchased for, and that it should either be replaced, or your money refunded.

**Lou Girardin** · 18th January 2006, 13:57

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.

**Grahameeboy** · 18th January 2006, 14:07

I would spend a small amount of money and invest in a Lawyers view.....an hour should do it and should not cost much when you consider what you stand to loose.
Is the loan finance. If so refuse to pay any more instalments...after all they are interested party.....and explain the problem to them.....even Bank may be able to offer advice.
I maybe wrong but I reckon dealer should refund money and it is their problem to sort out with Manufacturer....remember they are an 'Agent'.

**Drum** · 18th January 2006, 14:13

Why do you want to protect the dealer?
One of the main recourses for the disgruntled consumer is to spread the bad word!

**mattt** · 18th January 2006, 14:13

Originally Posted by Grahameeboy

I would spend a small amount of money and invest in a Lawyers view.....an hour should do it and should not cost much when you consider what you stand to loose.
Is the loan finance. If so refuse to pay any more instalments...after all they are interested party.....and explain the problem to them.....even Bank may be able to offer advice.
I maybe wrong but I reckon dealer should refund money and it is their problem to sort out with Manufacturer....remember they are an 'Agent'.

Call the Motor Vehicle Disputes Tribunal - they'll tell you exactly where you stand. Don't see why you shouldn't get 100% refund if it is proven the bike you brought was a piece of shit. Sounds similar to a repsol blade story posted a few months back? Kept shitting itself for no reason :slap:
Good luck

**DMNTD:Me** · 18th January 2006, 14:14

Originally Posted by Grahameeboy

I would spend a small amount of money and invest in a Lawyers view.....an hour should do it and should not cost much when you consider what you stand to loose....

Yep agreed but you can usually get free or VERY cheap advice on certain nights from Citizan Advice Bureau,you've been balls around enough.
Sounds like the dealer has been more than reasonable to me so far.

**bigbadwolf** · 18th January 2006, 14:18

i had the same problem recently, i bought an ipod and it screwed up so i took it back in to be fixed. it was replaced a month later, and the new one had exactly the same problem. i took it back in to the store i got it from and they made me take it into the apple mac place, and they sent me back to the store, did heaps of running around then decided to have a look at the consumers institute website about the consumer guarantees act. read these parts:

what it covers

the guarantees

putting it right

especially the part where it says:

If something goes wrong, you have the right to insist that the seller or service provider fixes things. Generally speaking, this means the retailer who sold you the goods or services must sort out the problem. If the stitching comes apart on your fairly new shoes, you don't have to track down the manufacturer or importer, you simply take them back to the shop. If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can reject the product and choose a replacement or full refund. When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it - by cash, cheque or credit card charge reversal.

i had to argue for frickin ages with the shop i got my ipod from but eventually they gave me a refund. although this may be a lot harder with such a high priced object, so talking to a lawyer specialising in the consumer guarantees act would be a very good idea. get as much information as possible and then you can (if you want) take the retailer to the consumer disputes tribunal (pretty sure it's free) and sort it out there, but you have to represent yourself which means you need all the information you can get

hope that helps

**Grahameeboy** · 18th January 2006, 14:19

Originally Posted by TL Rider

[B]Yep agreed but you can usually get free or VERY cheap advice on certain nights from Citizan Advice Bureau,you've been balls around enough.

True but I have had mixed responses with CAB.....maybe find a Lawyer who provides an hours free consultation.........maybe ask Sarge.......you want to go in there with all guns blazing.........maybe Dealer has been okay but they sold the bike....

**thehollowmen** · 18th January 2006, 14:23

What is it?
if it is a two stroke bike and you're riding it hard for long periods or if it it a high reving four stroke dirt bike that needs the top end done after X hours.. you might be out of luck

however the big thing is what the guys above said "fit for the intended purpose"
Those two strokes and super-high strung four strokes ain't intended for that sorta work.
good luck.

**DMNTD:Me** · 18th January 2006, 14:23

Originally Posted by Grahameeboy

True but I have had mixed responses with CAB.....maybe find a Lawyer who provides an hours free consultation...

They usually,well used to,have lawyers that come in on certain nights to give free or very cheap advice. Wouldn't bother with the CAB's advice re this even how well intended it may be.

**SVrunner** · 18th January 2006, 14:26

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

**selyahnitram** · 18th January 2006, 14:30

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?