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My name is ,guy ,ive recently purchased a motor cycle. I am…

Customer Question
Hi my name is...

Hi my name is ***** ***** recently purchased a motor cycle.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in qld believed to be a 2004 built machine as stated on contract and rego,ihad some issues with the bike,the shop said they would fix it ,its worse,now than it was, on further inspection I noticed that its correct build date 08/02 ? ive paid for01/04 triumph datona 955i and its not

Lawyer's Assistant: Has anything been filed or reported?

No I had the bike back to them for repairs ,as it was not good to ride,and had charging issues and a whining noise 50>60 kmh,they told me they had fixed it free of charge,but as a qualified mechanic I don't think they did anything much at all and what they did wasn't done properly,im 59 and rebuilt my first engine at age 9 ive been on motorcycles since I could sit on the tank and hang on,in short I'm not stupid ,had one of my apprentices done work to such a low standard I would have ,sacked them ,twice it could have killed me 100 kmh tank slap luky I have the experience of 50years riding all kinds of bikes,or I could crashed,i have heart problems I had to push it about a kilometer to find a hill to roll start it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just like to know where I stand before I go back to bike shop and confront the salesman and the mechanic

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/4/2018
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,568
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

are you wanting to make a claim against the seller ?

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Customer reply replied 7 months ago
Hi john id like to know what my options are,im concerned that I will be pulled up for rbt and have to try and explain why I'm on a 02 mod bike that's registered as 04 ,they sold it to me as o4 build date triumph datona, its not the build date on the bike is 08/02 ,is that legal there would have to be a price difference I'm sure I paid $4986.00 cash id be happy to get my money back ,I was going to ride it back there today ,but it wont start,i purchased the bike 05/12/17 odo39,998 took it back for repairs around the 17/18 dec 17 odo 41210 picked it up rode it home was not happy I was to busy to worry about it I have a lot of work to do,so I parked til yesterday ,I had an appointment at PA hospital for echo I had to rebook ive had a stent put in 12mnth ago. bike wouldn't start so I have to wait till 19 feb,
Solicitor: John Melis, Lawyer replied 7 months ago

ok on the basis of what you are saying you should be able to make a claim under the warranty period which would have been detailed on the sales contract.

do you still have a copy of the sales contract ?

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Customer reply replied 7 months ago
sports bike no warranty , the poor quality repairs they did were free ,I do have all the paperwork and it all states that I purchased a2004 mod bike and its not its 2002 so do I go and point this out to them ,what I have is not what I paid for
Solicitor: John Melis, Lawyer replied 7 months ago

there are implied warranties under the Australian Consumer Law and this will enable yo to raise a claim

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Customer reply replied 7 months ago
should I go and try and get them to give me back my money or swap for another bike of equal value?its the only transport I have other than 4 ton work truck which is not ideal to run around in, I don't have the time to go through claims ,if I know where I stand legally ill go talk to them didn't want to go uninformed,i work for myself I need to make acertain amout each week or I get behind ,ill work till 2/3am to stay ahead,im still catching up from my stay in hospital last Christmas from heart attack and stent put in
Solicitor: John Melis, Lawyer replied 7 months ago

I have extended a special offer to talk on the telephone if you prefer.

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Customer reply replied 7 months ago
thanks for the special offer john ,I prefer to txt as its very noisey here and very difficult to hear on the phone,as it is I'm typing and working
Solicitor: John Melis, Lawyer replied 7 months ago

ok, what you need to do is prepare is to raise a claim in your local tribunal, whether it being QCAT, NCAT or VCAT as example, on the basis of implied warranties under the Australian Consumer Law.

The key document is the initiating application which you need to state all the facts on.

does this answer your important question today ?

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Customer reply replied 7 months ago
thank you ,it will have to suffice I will look into doing that when I can, meantime ill go see them ,perhaps they may do the right thing , hmmm thanks for your time anyway
Solicitor: John Melis, Lawyer replied 7 months ago

you are most welcome.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

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