gee wizzz
I must say if I was the dealer I'd be pretty pissed off by now.
He asked you TWICE to send the bike back to him. Not an unreasonable request and definitely one covered in the consumer and sale of goods act.
You are asking him to pay for someone elses labour charges and parts pricing level.
Im IN NO WAY saying there isn't an issue that needs resolving -whatt I AM saying is -give the guy a chance to put it right
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Back in the game!
Of course, if it was maluse on the operators part. I worked as a tech at HN and had that very arguement with customers every day. Thing is if you argued enough, management would give in.Originally Posted by Jantar
As this wasn't a sale of a brand new bike, the manufacturers warranty is far gone and the terms of it do not apply to this deal. The dealer should have outlined what he would and would not cover in terms of mechanical failure if in fact he was going to supply some sort of guarantee. Was he? :P
I agree Frosty, however I think dealer should be paying for the shipping costs involved. All of what I'm saying is based on whether the Dealer said he'd warrant anything though?
Edit: Ah I just read about that CGA thing mentioned earlier in the thread, not sure what it covers. Oh well.. good luck Dave. Gosh I'm fired up at the moment, works going balistic!
x
This brings to mind another case I know of, where a mates GSXR11 (his story posted here http://www.kiwibiker.co.nz/forums/sh...6&postcount=24 ) died between Kerikeri and Kaikohe with a top end failure. Luckily, I knew the local bike shop owner, so he came and picked up the bike, and stored it at his shop... then Wellington MC's organised (and paid for) transport for it back to Wellington. Not only that, but they coughed up the airfares from Auckland to Wellington for Sugilite and his missus too! The main difference between Dave's story, and Sugilites, is that WMCC had repaired the engine about a week before...
Good luck Dave...
UKMC #64
Pretengineer
Piston Seizure IS preventable. Seizure is caused by:
a lack of fuel (detonating the piston to death and over heating it causing the piston to expand too much, wellah sieze)
A lack of oil. Self explanitory
and excessive heat. causing piston to over expand.
All of those are prevenatable.
However, you would never be able to tell when a crank is going to sieze (although generally the pistons go first)
I don't believe in the fact of "it just happens cause they are two strokes"
They do as they are designed, and do it perfectly well untill conditions change (eg. aftermarket chambers....)
The dealer is expecting this guy to fork out of his OWN pocket to send his broken bike back. from the sound so far the dealwe is a ass. and would probably just say "yep its broken, gonna cost you lots to fix"
He already knows this
If the dealer was seriosly concerned about his paying customer, he would make it his goal to find the cause of the engine faliure after the poor customer had only ridden the bike for such a short period of time after purchase.
Im pretty sure there is a law about the vehicle has to do as it was advertised for 30 days or else legal action can be taken. Seen as his RS blew up it is unable to operate as advertised for the 30day period.
This is a prime example of the bullshit that is the motorcycle industry in NZ
JMO
"channellling the Pleideans"
issue is the distance as I see it: once the customer lets go of the bike, what impetus is there on the dealer to do anything, particularly if they will end up bearing the cost.
I would be getting it IN WRITING prior to putting the pride n joy on the truck northward, particularly stuff like what is to happen, timeframes, communication requirements, and eventual return, plus a "what if" clause if the inital agreement can't be met. Since the dealer knows from an independent inspection (and presumably someone has offered to take some photos and email them to him? right?) what the problem is, then it shouldnt be too hard. Its not like there is any novel legal principle going on here.
I thought elections were decided by angry posts on social media. - F5 Dave
gee wizzz
Dude-I'm in the industry so can speak from a position of actual knowledge as oposed to opinion.
The two laws protecting the purchacer of any goods are the consumer garantees act and the sale of goods act.
The guts of those two is that the "goods" --ie bike Must be fit for the job for which they were intended--Ie--ridden on the road.
The shortened version of these two acts are "the dealer is required by law to be fair and reasonable."
The ultimate means of recourse is through the motor vehicle disputes tribunial.
Being fair and reasonable is an expectation to be given the opertunity to repair the goods to the expected condition.
we have here ONE version of events -unfortunately I can quote 100 stories of customers happily ripping us off for every story you can quote
1 example--the guy who complained of a petrol smell 1 week after buying a car from me --all MY Fault -expected me to pay to have it fixed.-
Yea what about the fresh metal shavings in the boot from the "amp installation"
or the guy whose car "blew up for no reason- I was only doing 50km'h pity the towey told me he recovered the car from the middle of a rally.
course. Pity the oil was all down the side of the car fromthe blowup -with the noted exception of two VERY clean squares on the two doors
Point is you need to give the vendor the chance to fix the bike-If the fault was an existing one as oposed to operator error then you would be expecting to be reinbursed for the freight.
Thing is --in the REAL world the dealer can drag the chain for a long time--meanwhile you have no bike
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They've only tried to ship it north once...the first time I told the dealer I wasn't keen on it being sent north, he, out of the goodness of his heart told me that was ok and duanes would repair it.
of course constitutes theft and I was quite happy to call Mr plod and let him know my bike was being held against my will, I took my ownership papers and ID as ammo.
I was also told by my lawyer to do this, who's a family member, not just another lawyer.
the following information i was not told by anyone.
I was not told that the dealer was keen on doing a botch job, I was not told the dealer was keen to get duanes and/or hampton motor company tip it upside down and shake out the bits.
the harvey norman case sort of applies here, I worked at warehouse stationery for a year where we sold mercury computers, these were the biggest pieces of flying shit (I actually refused to put them through the till, knowing full well the shit GP on them would not equal that of the time spent filling out papers, loss of customers when they failed) and they did i think in all I returned 12 of them, then the company went bust, warehouse stationery ltd part of the warehouse group took a risk when it agreed to sell these machines, the risk was that they'd fail and have to be refunded (after repair or replacement as it isn't a motor vehicle)
The Dealerl decided to stock rs250 motorcycles, he knew (or he should know) the consumer guarantees act of 1993, and it states that if a motor vehicle suffers a major fault then the sale may be rejected and the buyer be refunded the full cost, the risk he took is that the aprilia have a piston fail.
gonna give Alice at emoto a call tomorrow and see how her RS250s are getting on.
frosty you're cases are minor faults, or the guy didn't know the CGA, or you have a case where the fault was caused by the end user, which does not apply here as I was riding correctly and had made no modifications.
my revs were barely over 8000 at the time of piston faileur, I remember this because I remember keeping it below the magic missile 8000 mark sitting behind the green wagon, I remember as i passed him checking my revs and seeing them at about 9000, just over the magic number and feeling my lungs folding, then the piston didnt kick in untill i had started decelerating so i may have been over 8000, in 4th gear, my fxr can do that! and I was told rs250s liked being thrashed.
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got a well written fax back today, he seems to think I over revved it or the engine was cold.
he knows I got 50k south so he's a fucktard if he thinks the engine was still cold.
he also thought I may have skipped a gear which I didnt.
and he also thinks I may have over revved it, which I didnt.
im getting sick of this guy, and I dont think he realises the bad publicity I'll give him.
Homo Sapiens Vulgaris
Nah, that seems to be the case with some dealers out there... be it bikes, bike gear or other stuff! They'll try to wriggle out of it as best they can and in the end we're left with having to spend heaps of time and effort going to the disputes tribunal with an uncertain outcome.
And worst of all, these guys are putting all respectable dealers in a poor light since you can not count on people being honest and decent in the end.
I hope you'll get it sorted mate!
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L-Plate Rider
Quite an ongoing saga mate, hope it works out well for you.
Proud to be a Smoggy
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http://gpacts.knowledge-basket.co.nz...04/an/001.html
CGA 1993 ^
I've just drafted an uber letter, will run it via the olds (they have more wisdom than me) and the lawyer.
Recovered workaholic.
I think the guy's a dodgy weasel fuck. And I'll bet I'm closer to the mark than anything he thinks (or just makes up as is the case).
Nail his ass to the wall.
If it wasn't for a concise set of rules, we might have to resort to common sense!
Forum whore
A mate of mine bought a 900 superlight Duke a month ago. It fucked out on the very first ride (selector broke, stuck in 5th). No one knew what was wrong (obviously) & the dealer (like this situation was on the OTHER island) so he quickly agreed to have it looked @ locally & said he would foot the bill, which he did. Dave's dealer sounds like a right muppet & all I can say is for his sakes he is lucky I didn't buy that bike because I wouldn't of been so nice.
To laugh often and much; to win the respect of intelligent people and the affection of children; to earn the appreciation of honest critics and to endure the betrayal of false friends. To appreciate beauty; to find the best in others; to leave the world a bit better whether by a healthy child, a garden patch, or a redeemed social condition; to know that even one life has breathed easier because you have lived. This is to have succeeded
x
Get your mate to take a REALLY close look at the swingarm as well. Mines sitting in the garage at the mo, due to a hairline crack through the weld, near the shock mount (swingarm end). Apparently, the '95 and '96 models (with ally swingarms) are prone to fracture there, and also at the swingarm pivot (clamp) AND at the chain adjusters... 97 onwards are OK. I'll be posting a photo on 'Show us yer crack' when I can get one to come out clear enough...
Sorry if I've made his day worse...
Forum whore
Nice one guvna, ill do that, im pretty sure Mikes is a 96. Only got 10k on the clock too, bloody mint bike in all. Cheers for that will let him know
To laugh often and much; to win the respect of intelligent people and the affection of children; to earn the appreciation of honest critics and to endure the betrayal of false friends. To appreciate beauty; to find the best in others; to leave the world a bit better whether by a healthy child, a garden patch, or a redeemed social condition; to know that even one life has breathed easier because you have lived. This is to have succeeded
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