What is fair ?

[Winston001]

Sounds like the speedo cable has just come loose - after I fitted a brand new one to my vehicle I went down the road and it squeaked with the needle bouncing. Pulled over, reseating the square end into back of speedo a re-tightened and all is well.

The "squeak" is the cable skipping a tooth as it where on the back of the speedo.

Sounds like a good explanation. Must say it seems a bit suss that the speedo went wonky just after leaving the shop - you'd have to wonder about the competence of the other bike shop?

Any chance of having another shop whom you trust look at it? Do speedos fail very often?

Ultimately dealers need to add value to the second-hand bikes they sell. If they don't, then buyers may as well use Trademe. And as our canny Scot says, the amount of money influences the obligations of the bargain.

[crazybigal]

dont dealers have to cover the bike for 3 months under warranty by law?
the bulb thing is just hard luck! and the customer would be expected to sort that.

[bull]

To me it looks as if the question is whether or not the original bike shop needs to cover the cost of the speedo for a second time or if the dealer should as they "fixed it" and then its started doign it again.

As i see it, original shop does the bulb as goodwill, and pays for speedo fix.
Anything to do with the speedo from there now has the local dealer responsible as they have made the shabby repair so they are responsible.

Case closed.

[FROSTY:Me]

I guess thats the question.
What is reasonable action for both parties given the dealer selling the bike has already paid for headlight bulb and for the speedo to be repaired once.

[alanzs]

I guess thats the question.
What is reasonable action for both parties given the dealer selling the bike has already paid for headlight bulb and for the speedo to be repaired once.

I think the reasonable action is for you to refer the person to the shop that repaired it. If they didn't repair it correctly, that is an issue for the bike owner to take up with the repair shop. You have done more than enough by paying for the repairs. Again, excellent customer service.

The bike owner should be grateful that you paid for the repairs and deal with the repair shop. As you mentioned, you are 700k's away and already paid to have it fixed once. That would be reasonable on the bike owners part.

[FROSTY:Me]

dont dealers have to cover the bike for 3 months under warranty by law?
the bulb thing is just hard luck! and the customer would be expected to sort that.

No dude --the sale of goods etc basicly says the dealer needs to be fair and reasonable.

[Trouser]

A bit of info from the consumer.org website about secondhand vehicles bought from a dealer.

When things go wrong

Your first step is to discuss the problem with the trader. Traders have to comply with both the Consumer Guarantees Act and the Fair Trading Act.
If the problem isn't serious, the trader can choose what remedy to give you. They can either fix the problem, or replace the vehicle for free. They have to act within a reasonable time.

If the problem is serious, ie you wouldn't have bought the vehicle if you had known the fault existed then you can choose whether to accept a repair, a replacement or a refund.

If you and the trader can't agree, get an independent written report on the fault, and what it would cost you to fix, from a qualified specialist, like a mechanic. You will have to pay for this report but you can then work out what remedy you can claim.

If the trader still won't help you, you have two options: to take a case to the specialist Motor Vehicle Disputes Tribunal (MVDT), or use a regular Disputes Tribunal.

You should also make sure you have available any material relating to the sale of the vehicle (for example, the CIN) and any subsequent work you've had done on it (inspection reports, and so on).

Consumer guarantees act states

Retailers and other such suppliers guarantee their goods will:

• Be of acceptable quality (see definition below).
• Be fit for a particular purpose that you asked about.
• Match the description given in advertisements or sales brochures, or by the sales assistant.
• Match the sample or demonstration model.
• Be owned by the consumer, once purchased.
• Be a reasonable price, if no price or pricing formula has been previously agreed.

Acceptable quality

This means goods:

• Do what they are made to do.
• Are acceptable in appearance and finish.
• Are free from minor defects.
• Are safe and durable.

The Act's terms "reasonable" and "acceptable" are deliberately open-ended. It depends on what a reasonable consumer would think was acceptable based on the nature of the goods, the price, and any statements that have been made about the goods. A concert violin is required to meet a higher standard than a child's cheap instrument. Ultimately a tribunal referee or a judge may have to decide what is reasonable or acceptable in the circumstances.
If a defect was pointed out to you before you bought the good, then it doesn't count towards making it unacceptable.

No contracting out

Sellers cannot exempt themselves from their obligations under the Act, even if they put it in a contract.

This also means guarantees and warranties cannot state "No consequential losses are covered," because attempts to contract out of the Act may mislead consumers about their rights.

Putting it right

If something goes wrong, you have the right to insist that the seller or service provider fixes things.

If the problem is minor, and can be fixed, the retailer can choose to either repair, replace or refund.

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 of the same type or similar value or a full refund of your purchase price; or
• Claim compensation for any drop in the value of the product or service.
• Cancel the service contract, pay for any satisfactory work already done, and get someone else to finish the repairs; or
• Have it repaired elsewhere and recover the costs from the retailer, if they refuse to fix a faulty product, or fail to do so in a reasonable time.

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.



There you go. Fix the problem for the customer. Bitch and moan all you like about the repairer not doing it properly but get the speedo fixed.