Consumer Guarantee claim help - Whole motorcycle?

[doc]

The Consumer Guarantees Act takes no notice of Warranties. It says that if you expected the bike to last longer than that when you bought it then you are entitled to be compensated for its failure.

If you had issues prior to the expiry of the warranty period and told the dealer, then you're well covered. Who is to say that they never "found" the problems during warranty service. It's the likelyhood that they found the problem but kept quiet about it on which the CGA was founded.

But but I'd rather be riding it summers here. Rather cough up the 8 hundy than wait months with no guarantee it will be in my favour.

[Max Preload]

But but I'd rather be riding it summers here. Rather cough up the 8 hundy than wait months with no guarantee it will be in my favour.

Those aren't the only choices you have. Having been advised of the problem and denying coverage under warranty by the dealer, you can elect to have the problem fixed, at your cost, then make a claim against the dealer for the amount. You don't lose the use of the goods and you'll more than likely get the money back in fairly short order.

[doc]

Problem is bike purchased from basically a clothing shop.

No authorised service facility in Auckland. Service consists of dropping bike of at shop, technician picks it up in a van takes it home and drops it back when ready.

Importer on sold importation to another party.

Manufacturer taken over by another Motorcycle company.

Haven't got the energy to fight with them. Easier to pickup tab and ride. If I can get a replacement part.

[slimjim]

gee's...wouldn't yea rather pay $35 to small claims court...fill in details on claim at courthouse....chicks are good if behind counter..will help you heaps'........i think can be heard upto $7500 for $35 dollar fee...courtpapers will be servied within three working days......to other party........still be twenty-eight days before hearing set...gives ya time to gain.."what still to do"..

[BMWST?]

gee's...wouldn't yea rather pay $35 to small claims court...fill in details on claim at courthouse....chicks are good if behind counter..will help you heaps'........i think can be heard upto $7500 for $35 dollar fee...courtpapers will be servied within three working days......to other party........still be twenty-eight days before hearing set...gives ya time to gain.."what still to do"..

make sure the value that can be claimed in small claims court is equal to the value of the bike...cos thats what it may come down to

[Mystic13]

make sure the value that can be claimed in small claims court is equal to the value of the bike...cos thats what it may come down to

Thanks, there are two sets of conversations going on above, one for me and one for Doc.

I'm, claiming at MVDT Motor Vehicles Disputes Tribunal and they have a much higher limit so the new price of the vehicle is well covered.

The post from Pete376403 was incredibly useful. Thanks for that.

I've been in touch with Digitdion referred to in that post and all of my remaining questions have been answered.

Thanks for all the information and stuff sent through from everyone. Much appreciated.

I'll post up after I'm done one way or another. I understand that could take 6 weeks or so.



Yes it is the BMW F800. Seeing as you lot figured that out. You can drift across to www.f800riders.org and you'll see a fair bit posted up on the ABS by those who have experienced the apparent loss of brakes and also many comments by riders who have not experienced it but have advice on the matter including riding techniques etc.

Ultimately all of those riders that experience it describe it as not normal operation, scary and dangerous.

I expect the MDVT to side with me and the bike to go back to the dealer.


Cheers - Des

[pete376403]

Answered! pete376403 has been there, has done that, has won the case, has got the new bike ... so why are you still saying ....
.

Not me - I still have and still love my KLR. The one that was replaced belonged to a guy from Queenstown.
I did however use info from that guy (DigitDion)to help with my warranty claim for oil consumption issues - and it's going to Motorad next Monday for new rings and valve guide seals

[Grahameeboy]

The ABS fault occurs about every 4000km's on average. I'm aware of it and ride accordingly.

The dealer and the importer have been working on the problem continuously for overn 20,000kms. I've given them a fair shake at it. Originally the local distributor on behalf of the manufacturer said it was impossible for the problem to happen and maybe it was my imagination. The fact that it happens worldwide is of no use to them. Recently the manufacturer has finally confirmed that the event does happen and has labelled it normal operation. They have also asked me to produce the failure on demand and define the specific parameters under which it occurs so that they can replicate it. Then they will look into it further. For my part, that's not an option. it's an intermittent fault. I can't recreate it. It happens and I just want it fixed. It's not my job to analyse the system in detail.

I did have a patch where I rode very little because of the fault. I ride and am aware of it and allow for it when riding. I also know when the failure occurs that while it appears I have lost all brakes and I'm gone.... in reality I have only lost all brakes for up to two car lengths and I can respond accordingly.

What suprises me is the manufacturer is just burying their head hoping it will all go away. Riders have had minor bumps as a result of the failure. It seems only a matter of time before a rider is onjured or killed in my opinion. I feel the manufacturer should recall.

I spoke with the local transport people in Wellington and they advised me they can only publisice a fault witha vehicle if the manufacturer advises them there is one and the product should be recalled. If I and many riders worldwide have a serious failure they will do nothing until the manufacturer steps up.

I thought what a great system. A potentially lethal fault needs the person that will have to pay for the problem to be fixed to stick up their hand. If they choose not to then the whole thing is kept quiet.

Thanks for the posts folks and I'm still looking for help in taking this on. it's not my fault that I've clocked up 30,000 kms while I've been waiting for the manufacturer to fix the problem. I think I've been more than fair. Really i'd like to see a worldwide recall. It would be dissappointing to see a rider injured or killed because of this fault.

I personally think the dealer has done a bit and it's been more the manufacturer who responds to warranty issues that has been the problem.

I'll PM you trustme. At this point I don't see any other option than we will be in the MVDT. They are not interested in a trade otu so I can be rid of the problem and they can't fix it, especially now the manufacturer has labelled it normal use.

Cheers - and I'm still looking for help from someone who has been there and done that.

The Dealer should replace and deal with manufacturer...

[Dino]

I wish you all the best Mystic, I have to say it is a real eye opener for me that BMW and their dealer have treated you this way and ducked for cover. Shame they don't copy Mr Martin's policy of "It's the putting right that counts"

All the best for a good out come.
.

[trustme]

There have been a few dealers walk away from a beemer franchise because of the warranty claims & attitude of the mother ship .
The good ones are great but the lemons can be absolute shockers.
Euro electrics whether it be cars or bikes do not have the build quality of the japs, when the problems start they are a nightmare.

[kiwi cowboy]

good luck with the claim.

[Mystic13]

Thanks, I need all the luck I can get.

The local guys have done a fair bit of work. I see this as a lack of action by "the mothership" as someone put it. Or BMW Germany.

Cheers.

[Tony]

Another possible idea is to write to the the Hon Harry Duynhoven, Minister fro Transport Safety. I know first hand that he does personally respond to issues raised and I recently had a good reply/result on an issue I raised with his office.

[Tony]

Out of curiosity I just did a search on "motorbike abs brake failure" in google. Seems one brand of bike has a very high failure rate for ABS brake modulators - temporary result no brakes.