Seat bag problem.... and Motormail - Comments welcome

**Zapf** · 29th October 2004, 17:32

Well here is my problem...

when to motormail and bought a seat bag for the waikato rally, and during the trip the 4 tie down straps and another part of the bag that hangs over the rear rubbed right thru the rear paint work.

So now I am faced with the cost of fixing up the paint or take a $200 hit when I trade my VTR250 in. Now being a self confessed newbie have only bought my 250 and got my license in Aug, 04. I really didn't know the seat bag is going to be rubbing the paint off. Motormail is refusing to refund the bag as they say it is not faulty, and says that I should have known that the seatbag was going to rub the paint off. And they had no responsibility of the bag doing that and telling that it'll do so.

So what is a fair thing to do?

Should motormail accept the seat bag to be returned, refund me the purchase price and fix up my paint work? Or are they really liable for nothing? Or somewhere in between?

Your comments are welcomed

- I am planning to follow this up with them with a written letter and then to small claims...

**Paul in NZ** · 29th October 2004, 17:43

???

I'm sorry your bike got damaged but that's what happens when you use your bike....

I'm with Motomail on this one, you fucked up by not protecting your paintwork, it hurts, but thats how you learn and now, get over it!

Wadda ya gunna do ?? Sue Honda if you fall off because motorbikes are dangerous and they didn't tell you that? Sue the Govt 'cos a loose stone chipped your paint and there was no warning sign??

Harden up son. You went on a ride, it left a scar on your bike that will jog your memory about good times and good people... Accept it, it's what happens in the big old dirty world we call life... In 10 years you will look back and wonder what the fuss was all about..

Paul N

**toads** · 29th October 2004, 17:48

sorry to hear about this Zapf, I don't have clue what motomail are liable for or otherwise, but my suspicion is the company that produced the bag in the first place are the ones to deal with, motomail are the distributors not the manufacturers, often though, on the packaging of such items, are disclaimers to cover the manufacturers and protect them from liability issues.
It would pay to find the maufacturing company on the internet, and email them with regard ot your problem, or maybe motomail could give you a phone number to contact them directly. all the best L

**James Deuce** · 29th October 2004, 18:02

The only person at fault here is the one who didn't protect his paint work. A $4.95 roll of cloth tape would have sorted the problem.

Anything that rubs against paint is going to wear it off. I had to learn the hard way too, so take it on the chin and move on and stop trying to blame everyone for your negative learning experience.

**Ms Piggy** · 29th October 2004, 18:09

C'mon guys - don't be so hard on a 'self confessed newbie'. Honestly, I wouldn't have thought to cover the paint work being a newbie rider myself. So I can understand Zapf's comments and questions.

Motomail are right though, the bag is not faulty. Maybe (unfortunately) you do need to just put it down to a lesson learnt. Sucks I know.

Edit: Toads idea is the best one yet. Give it a go, can't hurt.

**Zapf** · 29th October 2004, 18:14

if they only told me / suggested that I need to... I didn't know it was going to rub....

there were no tags or disclaimers on the bag when I bought it.

anyway I am getting hard luggages now...

**curious george** · 29th October 2004, 18:45

Yep, I'm with Paul on this one too.
Nobodys fault but yours.
I would buy some cloth tape, and cover it up so it doesn't get worse, or repaint it, then cloth tape it, so it doesn't happen again.
It only looks like a little bit anyway, just one of those things.
Don't worry about it

**Stinger** · 29th October 2004, 19:15

Originally Posted by Zapf

Motormail is refusing to refund the bag as they say it is not faulty, and says that I should have known that the seatbag was going to rub the paint off. And they had no responsibility of the bag doing that and telling that it'll do so.

So what is a fair thing to do?

Should motormail accept the seat bag to be returned, refund me the purchase price and fix up my paint work? Or are they really liable for nothing? Or somewhere in between?

Your comments are welcomed
- I am planning to follow this up with them with a written letter and then to small claims...

I think the paint is your responsibility but you're almost certainly legally entitled to a refund on the bag. Under the CGA, the goods not fitting the purpose for which they were bought. It's a hassle going to the small claims, but I think you'd win the case.

**Paul in NZ** · 29th October 2004, 19:47

Originally Posted by Stinger

I think the paint is your responsibility but you're almost certainly legally entitled to a refund on the bag. Under the CGA, the goods not fitting the purpose for which they were bought. It's a hassle going to the small claims, but I think you'd win the case.

Then it is a seriously stuffed up world and you are as fuckin mad as he is......

The seat bag is a seat bag, it fits a gazillion bikes and they expect you to take some resonable care. Christ, were there any instructions with it or did you have to figure that out too? The stupid bikemakers build bikes with dumb protrusions on the side that any luggage will rub on. SUE THEM!!...

Christ on a freakin' crutch, use some common sense and stop blaming other people for your screw ups! We all do it every day! (screw ups) Paint is PAINT not armour plate! Anything that rubs on paint will wear it including riding trou or polish!

When I moved house to the North island the Trophy went on a trailer and I tied it on and put a cover on it. It rained, the cover got wet and messed up the chrome on a muffler. Whose fault was that?

A couple of hundred dollars you ain't even lost yet and you are taking some poor retailer to the small claims court because yoiu made a mistake and now want someone else to pay? Oh come ON! If they made a misleading claim thats something else but it's that sort of pathetic whinging that gets us all in trouble and costs us all money to cover your stupidity. Oh Oh I got hurt on your nasty bike, I want compo and guess who pays? All of us!!

I'm NOT being hard, I'm being realistic.

Everone else figures this shit out for themselves, why do you deserve special treatment or perhaps the shop ought to have a special procedure before they can let you have your luggage? Maybe they should run a course on it??

"Before I can sell you this seat bag sir/madam we have to ask you a few questions, get you to sign this and attend a 3 week residential training program"

Get over it, it's PAINT! Not a leg or an engine.... By the looks of it, it was a bungee hook that did the damage and if you could not predict that you ought to seriously consider you future on 2 wheels.... Any wheels in fact!

Oh I give up....

Sue away mate, drive those bastards at Motomail out of business, then turn ya guns on the bag makers, they did it on purpose I'll bet, those KB pricks at the rally are partially to blame as well, they should have warned you! Sue them all!

**Jackrat** · 29th October 2004, 19:55

Mate,this is unfortunatly what we call the learning curve,an yeah it sucks bad.
Rest asured you ain't the first to find this out the hard way.

Anyway,put it down to expereince a buy a couple of rolls of tape,motomail is not at fault here.

**Posh Tourer :P** · 29th October 2004, 20:10

I entirely agree with Paul here - you were not using the bag in the way in which it was intended, this was not a recommended model, you should have secured it properly etc etc. Any number of reasons why you won't win the case.

Accept the fact that you are a big boy now and that you won't get warned about everything. Sometimes there's gravel on the road, or potholes even, or smooth patches of seal, or engines seizing up. They are all hazards of which, as a newbie, you could be unaware. Its not anyone in particular's fault, it just happened. Maybe someone could have done something to alleviate any of these problems.

In fact, definitely.

and that someone is YOU

Get used to it and take some personal responsibility. Its a good personality trait, and it'll get you a long way in gaining the esteem of the world around you. Its also a hell of a lot easier to say "well, I did something wrong, I'm going to change" than to try and change the world so that they protect you from doing silly things, knowingly or not.

**marty** · 29th October 2004, 20:26

my boots have worn off the rubber covers on my pegs. i think i'll sue spidi for that. come to think of it, the road has worn some rubber off my tyres - maybe i'll go transit

**marty** · 29th October 2004, 20:29

reminds me of the guy who tried to claim insurance on his cigar collection because they were 'destroyed by fire'

**gav** · 29th October 2004, 20:32

Did you enquire if it would damage the paintwork? No? Did you expalin you had never used luggage before? oh well....what you should do is take the cover into an automotive paint shop and get them to match some paint in a spray can, may cost about $20, lightly sand the scratch and spray paint, keep the can handy, you are bound to need it in the future. You can buy clear sticky plastic called "Scuff Stuff" maybe try some mountain bike shops if your local bike shop hasnt got it (probably Motomail stock it)