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We purchased a motor vehicle (motorcycle) January this year…

We purchased a motor vehicle...

We purchased a motor vehicle (motorcycle) January this year and have been experiencing problems with the gearbox not being able to engage into first gear from stand still. It has been back to the shop twice now and has not been fixed and they are now trying to tell us that it is just a characteristic of the bike that we have to live with.This is a Learner approved motorcycle and was bought for learner riders to learn on. When we first started experiencing the problem the shop told us that they head not seen this problem before and that they had sold quite a few of these bikes. The excerpt they sent us about the so called "characteristic" is from a Honda Mechanics forum and is not available to the general public, as I tried to look it up on the internet myself. As this is a mechanical problem that I believe poses a safety risk to the rider(s) and a possible long term damage risk to the motorcycle itself, I personally would like the bike replaced with one that does not have this characteristic or my money refunded in full.

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Answered in 4 minutes by:

7/20/2015

Solicitor: Leon, Solicitor replied 7 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Afternoon, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Was it purchased new or used?

Customer reply replied 7 years ago

New

Solicitor: Leon, Solicitor replied 7 years ago

Good Afternoon, Under the Consumer Protection Laws you are entitled to a refund if they cannot repair it or give you a replacement. You will need to gofer an independent report to back up your problem and if you can something from the shop to confirm what they have told you. Here is the link from the Department of Commerce for your to readhttp://www.commerce.wa.gov.au/consumer-protection/returns-refunds-repairs-and-replacementsYou have to send them a letter of demand asking for the bike to be replaced or your money back. Keep a record of everything because if they refuse then you have to sue them. I hope this makes sense?

Customer reply replied 7 years ago

I have emailed them asking for a replacement or refund and they are not budging on the issue. In fact they are now saying that they have another "new" bike the same model as ours on the showroom floor that has the same characteristic. All of the correspondence can be printed off.
Thanks for your response.

Solicitor: Leon, Solicitor replied 7 years ago

Good Afternoon, Can they guarantee it will not have the same issue? If not it is a design flaw and they should be offering you an alternative which is in good working order and has no issues.

Customer reply replied 7 years ago

No they are saying that the new bike on the shop floor has the same problem as ours. So I don't believe this would be a viable replacement.
I have just spoken to a motorcycle engineering company in Bunbury and they are going to give me an independent report on the bike

Solicitor: Leon, Solicitor replied 7 years ago

Good Afternoon, It is not a viable replacement. I suggest you then consider get an order from the court about them giving you your money back. But you have to get a report form a mechanic to support that it is a mechanical problem, if their emails etc do not confirm this. Good luck with it and I think once you get that and send them the threat of the action they will come to to the party. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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