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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My question relates to damage done at the production line when

Customer Question

My question relates to damage done at the production line when my motor cycle was being built . The bike was in for its service 100000 Klms and also a recall by bmw for a product safety issue namely ,threaded fasteners might have over tightened to torque levels not in compliance with values set out in operating instructions.cracks in the wheel flange can occur as a consequence of over tightening of threaded fasteners leading to fracture of bolted join which could result in loss of wheel and a critical rider situation. When the service was being carried out it was discovered that a head bolt, one of four , had been over tightened and stripped the thread and damaged the head resulting in serious costly repair costs This part of motor only gets touched at the 100000klms service ,also it is on the inside of the motor ,this damage is exactly why the bike was recalled in the first place,,over tightening of parts causing damage.The bike is accident free .Bmw have told me they will not cover the cost of the damage ,I feel the cost of the damage be paid by Bmw as the damage has occurred at their factory at time of manufacture .Cost of repairs $860.00 Where do I stand in this matter..
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
HelloThe fault is BMW. They are liable to repair the damage. It is faulty. You are simply a motorcycle rider. They knew of the issue and only waited till the 100,000.00 service to look into it?The damage was caused by the negligence of the factory. BMW are liable. In respect of the matter, speak with them and demand payment, or seek legal action either by way of a small claims tribunal and or consumer affairs. Please click accept / leave feedback.