Motorcycle dealer doesn't want to honour warranty

[NotDave]

Hello all!

 

In October last year, I bought a second-hand motorcycle that came with a 12-month parts and labour warranty.

 

In that time, the bike has covered around 1,000 miles and

because of the weather I only really got to use it in anger a couple of weeks ago and

 

that's when I noticed that changing up through the gearbox at high revs made the clutch slip.

 

No problem, I thought, I'll get onto the dealer to let them know.

 

After I got back home I decided to do an oil and filter change and

 

that's when I noticed the exhaust downpipes had rusted through and have small holes in them where corrosion has perforated them.

 

I got onto the dealer on Monday last week and

he said he'd get onto the warranty company.

 

over a week later (today), I'd heard nothing back from them so gave them a ring and

the bloke I spoke to said "they won't have it".

I asked what he meant by this and he said "because it's a wearable item".

 

I explained the bike's only done 1,000 miles and that the fault was likely there when I bought it

and because I'd not really had a chance to use it properly I'd only just noticed the fault.

 

I asked to speak to the bloke who'd actually sold it to me because in his words

"if it's not covered under the warranty, we'll make sure it is"

but he won't be there until later on this afternoon.

 

Now, before he gets there I wanted to get an idea of my rights.

 

The bike was sold-as-seen and had a "sold as seen" sticker on the screen

but because of the warranty and reassurance that they'd fix it no-matter-what,

I signed on the line and bought it.

 

I understand things like brake pads, chain and sprockets and other consumables won't be covered but to my mind,

a clutch is a major component and so is the exhaust.

 

Any help on my rights before I go into see them will be greatly appreciated.

[NotDave]

I should point out the bike's actually done around 30,800 miles; it's only done around 1,000 miles since I've had it.

[renegadeimp]

No such thing as sold as seen when buying from a dealer. Soga should still cover you.

[ssparks2003]

We all know that exhaust rust through and short runs out will cause moisture to form and cause them to rust through,

if they did'nt then kwik fit would not exist and the world would be a better place.

 

But that does not help you;

 

you need to determine how long a exhaust is designed to last,

 

i would suggest that you speak with the manufacturer (well their UK rep)

and see what they have to say about the matter and then push forward if the infomation is positive.

[NotDave]

No such thing as sold as seen when buying from a dealer. Soga should still cover you.

 

I'm hoping I won't need it. I haven't spoken to the guy that sold me the bike yet and I'm hoping he's going to be reasonable and fix it.

 

This thread might turn out to be a "continuing saga" type thread but I hope not. I've listed the important things in the SOGA I need to talk to him on the phone about or I could just go up there and see him.

 

Whatever happens I'll post it.

[renegadeimp]

If he never listed the faults when you bought the vehicle and there was no way that they could have worn out within the 1000 you say you have done, then he is fully liable.

[NotDave]

I spoke to the owner yesterday who got one of his mechanics to looks at it.

 

Mechanic said he couldn't tell until he took the clutch out (fair enough) and that there might be air in the system or a push-rod might be sticking (also fair enough) and he couldn't tell if the exhaust could be repaired or needed to be replaced until he had a proper look at it.

 

All fair enough and fair play to the owner, he said I should take it on on Monday and they'll have a look at it.

 

Fingers crossed they do the right thing.

 

In my opinion, the exhaust is beyond repair but to be fair to the garage, they won't know what's wrong with the clutch until they take it out and you can't really do that when you're parked outside.