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L purchased a new Harley last month, I rode it to S.A. The…

Hi l purchased a...

Hi l purchased a new Harley last month, I rode it to S.A. The weekend after it was the worst ride I have ever had. I took the bike back to the place of purchase and told them of my experience and also told them I didn't want the bike any more, they said give us a chance to look at it and try to make it rite I agreed. When I bought the bike the suspension was lowered which I thought looked very kool when I got it back the lowering block was removed and they told me they would not put it back in the bike because it altered the geometry of the suspension well now the bike does not look the same as it did when I purchased it and I don't want it , what can I about this ? By the way my name is*****: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

I am in Victoria , no one is helping yet just thought I would find what rites I have first

Lawyer's Assistant: What steps have you taken so far?

I have told the bike shop I don't want the bike any more, they keep making suggestions to try different ways to fix the problem which will be extra cost to me, I just don't like the look of the bike any more it is not what I bought

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

Not that I can think of

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Answered in 5 minutes by:
3/26/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,934
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon,

The law says if it is possible to repair then this is the first option that must be offered by the supplier.

If it cannot be repaired they have a right to replace bike and if that is not possible then you are entitled to a refund.

The law is set out in the following link and applies to all of Australia.

https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund

if they cannot provide you with what you ordered then they must replace it or refund you.

You are entitled to receive what you purchased and this is what the law says.

It is not to be at your cost but their cost. If they cannot repair the bike so that it is suitable because that is a problem then they must either replace or refund you.

If they refuse then you have a right to seek a court order from VCAT.

I would suggest that you make a detailed statement setting out the issues with the bike and that it is not fit for the purpose and what you purchased it for. Further the recommendations they are making will change the bike and it will not be what you initially contracted to buy.

You then request from them either a replacement or a full refund. You give them 14 days to respond and if they fail then take the matter further.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,934
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you

All the best and good luck

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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