Consumer Rights

[beans]

Hi,

last week I shelled out £3999 and bought myself an 03 Yamaha R6, lovely bike and only has 2400 miles on the clock. The previous owner was the son of the dealership owner.

On cleaning it today though I have noticed that at some point its had a knock on the front wheel which has caused a slight dint in it, this has been touched up to cover the mark. I bought the bike from a main Yamaha dealer, so i contacted them to tell them im not happy and will be bringing the bike back to them for it to be looked at. I was told that they will put a new front wheel on it for me if their workshop forman feels this is required. The bike was given an mot and service prior to me collecting it so surely this should have been noticed. bloody place is 30 miles away so im going to have to take the afternoon off work to go see them.

I know that however small the dint there could be underlaying damage in the wheel such as hairline fractures etc. As a result I wont be taking anything other than a new wheel or a full refund. I just wanted to check what my rights are and if im entitled to request a full re-fund if they are unwilling to put a new wheel on.

hopefully I will be able to bag a new pair of tyres out of them for the my trouble.
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6

[MaybeGuy]

careful, for all they know you kerbed it after leaving the showroom... if you cant prove its their fault, they dont want to know.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!!
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith

[iooi]

It is very much your responsabilty to check for things like this before purchase. As they could argue that it was Ok when it left them.

If it did not fall under the MOT/service tasks then they have no reason not pass it.

Start of polite with them about it, go in straight away with all guns blazing and you put them straight on the back foot and less likely to do anything to help you.
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Just because my bike was A DIVVY, does not mean i am......

[beans]

Nah, it would take more than a kerb to do this.

If they wont put a new wheel on it I will stright off to trading standards to report them for selling a dangerous motor vehicle.

I think they will find it hard to prove that I have crashed the bike badly enough to bend a wheel then fully repair it within a week. If i am correctly informed the onus is on them to prove the bike was ok when it left them, not the other way round.
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6

[Richard_Schmid]

Sorry to put a downner on ya mate, but i'm pretty sure they won`t care less, Unless they care about keeping you as a satisfied customer, which I think will give you more luck.

If the damage isn`t dangerous, which it is unlikely to be, then they could either say you should have checked it before you left, and blame you for it.

Like in shops, they say check your change before you leave, or tuff shit. Same kind of thing.

Good luck with them.

Richard

EDIT: I say unlikely..Unlikely if they gave it a full service/Mot and still sold it.

[beans]

Im quite hopefull I will get a result, I will go in with a calm approach and remind them of the sales of goods act. They have sold me something which isnt fit for purpose and is unsafe as a result I belive I have a right to reject the bike. Just wondered if someone could confirm or rubbish this?

https://www.mils.co.uk/areas-of-law/sale-of-goods.html

https://www.mils.co.uk/areas-of-law/trade-descriptions.html

Im confident they cant gaurantee the damage isn't dangerous, there could be a hairline fracture on it for all they know. If it was to fail at 70mph it could be deadly.
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6

[beans]

Any one reckon I can use this to my advantage?


"If you sell your customers goods that don't conform to contract - that aren't as described, are unfit for their purpose or of unsatisfactory quality - you are legally obliged to resolve the problem if they seek redress.

The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a "reasonable time". A legal definition of "reasonable" is not given though - it varies from case to case and could be just a few weeks from the date of purchase.

If a customer rejects faulty goods within this "reasonable" period, they're entitled to ask for their money back"
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6

[h00dwink]

[hmmmnz]

i personally think you are pushing shit up hill,
but its worth ago, at worse you're not going to be any better off, but you might get lucky and they'll replace it,
good luck to you
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the humans are dead
I kick arse for the lord
Wiring Diagrams BIDNIP it bitches

[beans]

[iooi]

[McJamweasel]

[Richard_Schmid]

Indeed. If your going to get anywhere, it`s because they what you as a loyal customer, not because their scared of you.

[Kal]

Cavet Emptor - Buyer Beware.
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Kal...
I Like To Hoon It Hoon It I Like To Hoon It Hoon It I Like To Hoon It Hoon It Ya Like To (HOON IT!).
1984 GB250 Clubman,1983 CB250N Superdream, 1999 GPZ500S

[beans]

I can post a pictures but it is very hard to capture as the rim bends inwards, but there is enough of a dint there to damage the integrity of the wheel, as im sure mag alloy doesnt take well to bending at all. I intend to pop to my local shop along the way to get their opinion.

If the bike has had enough of a prang to damage the wheel then there would be other damage also, meaning it would have needed new fairings, leavers, pegs etc how they can argue that I can source all these parts and have them fitted in less than a week I dont know!! If they are a half decent outfit, which they have the reputation of being they should just sort it.
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6

[beans]

Is worse than it looks, is hard to capture it properly with just a camera phone.
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6

[McJamweasel]

It is hard to tell from that picture but it doesn't look like the wheel is deformed much at all, just a bit chewed up. From what I can see it looks fine for an MOT so you might have trouble getting anywhere.
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BCF: Be yourself, just don't be an arse.

[beans]

Its the original tyre for the bike, it has no damge to the sidewall although you can see where the tyre has lost traction leading to the accident. Its defintly dented inwards as its too smooth to be chewed up and to have caused no damage to the sidewall.
Thanks for the help.
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6

[h00dwink]

You're gunna have to circle the problem on there. As it's a case of bad pics or imaginary problems (buyers remorse) limiting the ability to see what's wrong.
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Sahf East Winnah 4LYF
https://bikepics.com/members/h00dwink/00sv650s/
www.youtube.com/h00dwink updated regularly

[faddius]

Take it down the motorway, do some silly speed on it and pray it go, and pray again that you survive.

Sue the living sh*t out of them, buy a house and a new bike. End of
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Children in the back of cars cause accidents : Accidents in the back of cars cause children
Riding since OCT '05 - Sym Jet 50cc, Honda Varadero 125cc, Suzuki GS500, Honda VFR750, SV650s current & in posession of Aprilia RS125, Honda NS125R

[faddius]

Oh I think you have a probabtionary period as well where you can refuse the vehicle as unfit for purpose, on the grounds that you dont feel safe with that wheel. You would have to check it though.

But to be honest, it seems to me a mark or a dink likely caused by fitting a tyre. I doubt they will take you very seriously to be honest.

You can always take it to an independant tyre fitters, ask them to remove the tyre and inspect the rim, then put the front tyre back on so you can get it home. You will have to pay, but it may put your mind to risk about hair line fractures - as I doubt theres anyway, seems more like wishful thinking to get some new tyres than a true worry about personal safety.

May have it wrong, but thats my opinion.
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Children in the back of cars cause accidents : Accidents in the back of cars cause children
Riding since OCT '05 - Sym Jet 50cc, Honda Varadero 125cc, Suzuki GS500, Honda VFR750, SV650s current & in posession of Aprilia RS125, Honda NS125R

[iooi]

Looks like either very careless tyre changing or he's just clipped a kerb when parking up.
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Just because my bike was A DIVVY, does not mean i am......

[katanastwin]

Im afraid that its your responsibility to check for damage on a used vehicle prior to walking out of the showroom with it.

It doesnt look dangerous at all and i fear that they could well suggest that there isnt nothing to prove that you didnt cause the damage yourself!. Shoe on other foot..think about it!.

[st3v3]

Can just about see a scuffing of paint and I see cars all the time with worse rim damage that are fine in normal use. I Do see your point though.
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Roger wrote: Women don't get damp for clingy puppies. Get some better happy pills, hit the gym & buy a medallion the size of a dinner plate. Job done

[beans]

Hi,

The pictures aint the greatest took them on my phone and is hard to get the right angle to show it properly.

Popped up to see them this afternoon, the workshop forman had a look and agreed that its had a knock at some point.

He went off to speak to the boss and then told me that they would fit a new wheel, sort out a weeping gasket and try and sort a new fairing infill pannel which has a lug missing. I will get a courtesy bike while mine is in also. They are going to order the parts for me , then i need to ring up friday to book it in.

Top respect to them for admitting the problem and offering to sort it, so long as they actually do sort it and arent going to be difficult further down the line.

Good to see some dealers arent all out just for what they can get and value customer satisfaction.

Cheers
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Yamaha FS1E- Suzuki RG 125 - Honda CB-1- Ducati Monster - Kawasaki ZX6-R F1- Kawasaki ZX6-R G1- 2003 Yamaha R6