home
in

Used Motorcycle - Not Fit For Purpose Refund?

Last post Thu, Jan 05 2012, 4:48 AM by maxsteam. 5 replies.
Sort Posts: Previous Next
  •  Thu, Jan 05 2012, 4:48 AM

    Re: Used Motorcycle - Not Fit For Purpose Refund?

    Good luck.

    Even without this problem, I would recommend avoiding high revs on a cold engine. The engine oil does not work as well when cold so pushing the bike hard before it's warmed up properly can cause damage and/or reduce the life of the engine.

    • Post Points: 5
  •  Wed, Jan 04 2012, 9:03 PM

    Re: Used Motorcycle - Not Fit For Purpose Refund?

    Since the fault first occurred I have kept all correspondence to email so there is a record.

    The fault probably occurs 1 in 3 times of riding the bike cold. I am 1.5 hour ride away from the dealer though which is a bit of an issue as the bike warms up by then and I find it happens considerably less when the bike is warm.

    I think ill give the dealer an opportunity to give a partial refund (-10%) and see how they come back to that before escalating things with the credit card.

    Thanks for the advice
    • Post Points: 20
  •  Wed, Jan 04 2012, 8:56 PM

    Re: Used Motorcycle - Not Fit For Purpose Refund?

    The evidence of the fault is the bike. It matters less what you, your friends or the dealer says. Certainly the Kawasaki comments are not worth a lot as they have not examined the bike. How often does the fault occur? Is it possible to take someone from the garage for a ride to show the fault?

    If you wish, you can put the situation in writing to the dealer so that you have a record of informing the dealer.

    • Post Points: 20
  •  Wed, Jan 04 2012, 8:25 PM

    Re: Used Motorcycle - Not Fit For Purpose Refund?

    Hi, thanks for the response.

    It doesn't just go stiff it gets completely jammed. It's almost caused me to crash where I've had to re-engage 2nd at high revs and it locked up my back wheel. From describing the problem to Kawasaki they have strongly advised I do not ride the bike as it is extremely dangerous to do so.

    The first time the dealer had the bike they road tested it and claimed they couldn't get the fault to occur. They said they made some clutch adjustments and that might have resolved it. However, the problem still persisted. Other people have ridden my bike and they too have experienced the problem without me even mentioning it.

    how will the credit card company view things if I say there is a fault but the dealer claims there isn't it? I have 2 people who would testify also that there is.
    • Post Points: 20
  •  Wed, Jan 04 2012, 7:54 PM

    Re: Used Motorcycle - Not Fit For Purpose Refund?

    A lot depends on how serious the problem is. If the gears are just a little stiff, then you should top up the gearbox oil and live with it. If it wont change gear at all, then you should give the dealer a suitable chance to put things right and, if they refuse or fail to do this, then you are entitled to a refund. The hardest situation is if the gears fail occasionally but you can descride the problem accurately and suggest that the dealer gives the bike a suitable road test.

    You have the option to take your dispute to the credit card company if you get nowhere with the dealer.

    Assuming that the problem is serious, in your shoes, as the bike is with the dealer now, I would state clearly that there was a serious problem, you found this problem by driving the bike not by technical inspection and, if there is still a problem after you collect the bike, you will be asking for a refund.

    • Post Points: 20
  •  Wed, Jan 04 2012, 3:42 PM

    Used Motorcycle - Not Fit For Purpose Refund?

    Hi, I purchased a used motorcycle (Kawasaki Ninja) from a dealer (Triumph).

    Basically I've had this problem since I've had it where it gets jammed in 2nd gear.

    Kawasaki recommend me not to ride the bike at all as its extremely dangerous.

    I have a warranty on the bike and they have had the bike back twice and its currently there. They say they can't find a problem with it. They have it stripped down at the moment and requesting me to come and look for myself or bring a technician. I am no mechanic so there is no point me looking. They expect me to pay a third party inspection which I am not willing to do.

    I've had the bike for just over 3 months and this problem has been going on since I got it. I paid for the bike with credit card but cleverly the dealer refused to take payment over the phone!

    Am I entitled to a refund on the grounds the bike is not and has not been fit for purpose?

    Any advice would be appreciated.

    Thanks

    • Post Points: 20