What to do? Brand new bike faulty

[Gremlin]

I think there was a thread while ago about a lemon of a bike...

Long story short, they need to be given the opportunity to fix the problem. Yes, it does mean you get to endure some "fun", but you also need to think from the dealers end (needs an opportunity to correct for you). The grey area is where that line actually lies. When is enough, enough?

Note the wording in the consumer link... it must be substantially unfit for purpose. Broken bulbs happen (yeah, not normally on new ones, but bulbs do break) for example. Headlights shouldn't be falling off however, and could definitely be unsafe if it lands in your path etc. Once fixed however, has it broken again? If the same part keeps breaking then you definitely have more ammunition, as clearly they are failing to fix.

On the bright side, perhaps yours will be the best quality one around, having been minutely inspected and issues fixed?

[Zamiam]

$4400 + orc. That's not a cheap scooter. I'd be creating merry hell. I'd approach them politely and ask for your money back as its clearly not fit for purpose.

[steve_t]

Back to the dealer 5 times in 4 weeks and then it cut out tonight... I'd be planting the seed in the dealer's mind that the bike might not be fit for purpose and that if many more things go wrong, you'll be looking to get a refund. Obviously, the dealer doesn't want to spend half their day fixing up issues with your bike either. If your bike is going to be off the road for a significant length of time, it can't hurt to ask for a loan bike for the interim but be aware you might be liable for an insurance excess etc

[ScootMe]

I think there was a thread while ago about a lemon of a bike...

Long story short, they need to be given the opportunity to fix the problem. Yes, it does mean you get to endure some "fun", but you also need to think from the dealers end (needs an opportunity to correct for you). The grey area is where that line actually lies. When is enough, enough?

Note the wording in the consumer link... it must be substantially unfit for purpose. Broken bulbs happen (yeah, not normally on new ones, but bulbs do break) for example. Headlights shouldn't be falling off however, and could definitely be unsafe if it lands in your path etc. Once fixed however, has it broken again? If the same part keeps breaking then you definitely have more ammunition, as clearly they are failing to fix.

On the bright side, perhaps yours will be the best quality one around, having been minutely inspected and issues fixed?

Sure the basic stuff like bulbs and a few minor issues I can handle, but the bike now wont even start and died while I was riding it home. I class that as substantially unfit for purpose. I will give them the opportunity to fix this issue, but who is going to pay to have it towed to their location? It's 25 km from where I live?

[ScootMe]

$4400 + orc. That's not a cheap scooter. I'd be creating merry hell. I'd approach them politely and ask for your money back as its clearly not fit for purpose.

Yes, it was very expensive for a scooter. I thought I was buying quality workmanship and reliability. I guess not.

[darkwolf]

I usually don't get mad, but after leaving work at 5pm and getting home just before 8 I was pretty furious. My main concern now is that I don't feel safe on the bike, and I don't think I ever will anymore.

I know what you mean. But as I've said there are two ways. Steve's suggestion of planting the seed about the refund might not be a bad idea. They get one last opportunity to fix it and make sure nothing else goes wrong - this should mean the bike will be checked with a fine tooth comb.

However, I personally you would have grounds at this point to go back to the dealer and discuss with them the issues you have had and that you no longer feel the scooter is fit for purpose. And despite giving them opportunities to fix it, the scooter has failed too many times to be fit for purpose.

But as angry as you are, the attitude of how you approach it is what will be the difference between them working with you or against you.

[ScootMe]

I know what you mean. But as I've said there are two ways. Steve's suggestion of planting the seed about the refund might not be a bad idea. They get one last opportunity to fix it and make sure nothing else goes wrong - this should mean the bike will be checked with a fine tooth comb.

However, I personally you would have grounds at this point to go back to the dealer and discuss with them the issues you have had and that you no longer feel the scooter is fit for purpose. And despite giving them opportunities to fix it, the scooter has failed too many times to be fit for purpose.

But as angry as you are, the attitude of how you approach it is what will be the difference between them working with you or against you.

Sounds advice. I appreciate everyone's comments. I think I will sleep on it and make a decision tomorrow. Thanks.

[ducatilover]

Get a refund and buy two GN125s...

[Headbanger]

If you don't want the bike anymore then take it back, ask for a refund.

Screw what the dealer thinks, Thats not your problem.

If you want to keep riding the lemon bike merry-go-round then just carry on as you are.

[Gremlin]

Sure the basic stuff like bulbs and a few minor issues I can handle, but the bike now wont even start and died while I was riding it home. I class that as substantially unfit for purpose. I will give them the opportunity to fix this issue, but who is going to pay to have it towed to their location? It's 25 km from where I live?

Assuming you've bought from them... brand new?, and it's a month old, it's not normal, they should be collecting. As you said, warranty is covering repairs, but being new it shouldn't really be breaking, should it?

As said, a calm informal discussion with someone important in the shop about being fit for purpose will demonstrate you are reasonable but serious. Remember to be calm, treat them as you'd want to be treated, and it will be much easier. I have told a dealer before I was refusing to pay to fit an accessory as I'd paid twice already, and it couldn't be completed because the brand new parts arrived faulty. They looked at the history and agreed, I'd been reasonable etc, and covered it.

Remember, everyone is a human and deserve a little respect (makes the world go round much more easily) until they prove they don't want it.

[tbs]

One thing to bare in mind is that the warranty does not cover your faith in the product. It is there to make sure that faults in the scooter are resolved at the manufacturer's expense, but how you feel about things, or your disappointment in it's lack of perceived quality, or even the inconvenience caused by it's failure is legally irrelevant.

It also pays to remember that the vendor didn't design, spec, or assemble your scooter. They merely acted as an agent between you and the manufacturer. How you approach the vendor can make a huge difference in how they react to your problems. If they feel you are having a go at them over it then they might well be less than co-operative. Talking about your lack of faith in the scooter could be a really good way to annoy them.

Hey I'd be really annoyed too.... Just stick to the facts.

[mossy1200]

I would be stating that you purchaced the scooter with the intention of easy trouble free town commuting and for convenience and it has failed to fulfil its function 5 times in 4 weeks and that you feel that you have given the shop a fair go but you would be happy to have the scooter repaired on the condition that if it fails again other than operator error you would like refunded. Also ask to have this in writing.
If he refuses ask him to hold the scooter while you seek advice and leave it at the shop.

[gammaguy]

in my life i have purchased precisely two used cars from dealers.

precisely two times i had to take the assholes to small claims court to get them to fix things they hoped i would not notice,sadly for them i am a qualified technician,so i noticed.

I gave them plenty of time to get their act together and either send me the parts or the money to replace them with,and predictably after much bull and messing me about they did neither.

I won both cases.

moral of story,give them time to sort it out(but not too long),if they dont,take them to small claims court,and dont let them bullshit you.

Good luck

[tbs]

Also remember that dealers probably hear quite a few JRA stories. As in "I was just riding along, when the bike spontaneously...." Fill in the blanks. You'd be amazed at what some people will try to claim under warranty.

[Gman71]

First you must give them a chance to fix or replace.

Document every interaction and communication.

If you are still unhappy you must reject the vehicle in writing under the consumer goods act as unfit for purpose.

You will probably end up at the motor vehicle disputes tribunal. If its as bad as you say, you will win.



http://www.justice.govt.nz/tribunals...putes-tribunal