Quick legal question - lid breaks after 5 days of use

firg · Spanner Monkey Joined: 18 Feb 2004 Karma :

Hi all.

12 days ago I went into a bike dealer, put down a deposit on a bike, and took a helmet back with me, paying for the helmet the next weekend when i picked up the bike. However, a reciept was printed for the helmet dated the 1st Oct.

The glue has just failed on the skullcap inside (after just 5 days of use), meaning its no longer secured to the helmet, and when its taken off it gets partly pulled out with it. You can see the residue of where the glue was and all that.

Do I have any come back against the dealer? Or if using the warrenty:

Warrenty on Arai lids means you have to send off a form within 10 days of purchase for it to apply. Does purchase count as when the reciept was printed, or when i actually paid for the lid? (in cash so no new reciept), as i have not sent off the form yet.

thanks for any help,

Loz

P.S. - specifically it was an Arai Astro-R
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Ex-'96 Bandit 600S -> '99 Bandit 600 -> K7 V-Strom 650

syl · World Chat Champion Joined: 05 Dec 2005 Karma :

The seller is liable, not the manufacturer - the warranty is in addition to (not in place of) your stauatory rights. If it fails within 6 months, unless it is a perishable item, then it's faulty and the seller will have to replace it unless they can prove it was your fault. If you bought it with a credit card, the credit card company is jointly liable - if you get any problems with the dealer, ring your credit card company. If this had occurred after 6 months the burden of proof would lie with you (so you'd have been better going down the warranty route).

Google on "sale of goods act" for more information.
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Current bike: Kawasaki Z750S

benc · Scooby Slapper Joined: 16 Jul 2005 Karma :

The dealer should replace that, it should come under the 28day warrenty thing, im not quite sure what it is exactly. if not arai will sort it out unless its an import helmet but they still might do it.
Do you know how old it is? i was just wondering because ive heard of people selling helmets over 3 years old when there only supposed to last 5 years?
on an arai it gives you the date it was made either on a label on the helmet strap or on the leather part of the strap. It is always worth looking at it incase it has been on the shelf for years and loads of people have tryed it on/messed about with it/ droped it.

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

The phrase to use is "Not of merchentable quality".

Your contract of sale was with the shop you bought it from, this is where you should return it to. Don't let them fob you off and tell you to return it to Arai. You bought it off them, they sort it out. If it has to go back to Arai, that is their problem to sort out not yours.

firg · Spanner Monkey Joined: 18 Feb 2004 Karma :

Ill remember that specific phrase stinkwheel, thanks.

Benc, I just had a look and the helmet was made in Jan 06.

thanks also dmahon, didnt know about that act Thumbs Up

Any suggestion as to anything i can legally demand if they agree to get a new one but dont have a replacment in my size in at that moment? Id be stuck there with a bike but no helmet.

Loz
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Ex-'96 Bandit 600S -> '99 Bandit 600 -> K7 V-Strom 650

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

Given the short time you have had it, I would have said you would be entitled to a replacement or a full refund. You DO NOT have to accept a credit note for faulty goods. You can let them send it off for repair if you like, I wouldn't.

69.9mph · Crazy Courier Joined: 20 May 2006 Karma :

In that short time period, I'd have thought a straight exchange was perfectly reasonable.

If the shop gives you the runaround or tries to fob you off then tell them you're going to take advice; Ring up Trading Standards https://www.tradingstandards.gov.uk/ and they will inform you of your rights and give you advice on what to do (it's all free). I had cause to contact them over a faulty DVD recorder and they were very good.

Cheers

doggone · World Chat Champion Joined: 20 May 2004 Karma :

A firm like Arai will appreciate being made aware of the problem.

firg · Spanner Monkey Joined: 18 Feb 2004 Karma :

Went down today, its sorted.

When they did it the hadnt fitten in all the fixings. So, popped em in andit was fine, turned out the white stuff wasnt glue residue, but was paint that had been rubbed off the inside. so ita all good now Thumbs Up

Loz
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Ex-'96 Bandit 600S -> '99 Bandit 600 -> K7 V-Strom 650