Legality

[happy2day]

Hi folks, Anyone have any comments on the following.
Two months ago i bought a GS 500 from the south west from a reputable dealer. Living in Scotland they delivered for £99 which i thought great. Bike delivered minus one brake lever which had snapped off during transit, to save the hassle i replaced myself. Started the bike idled roughly but would cut out at every junction when squeezing clutch to come to stop.Anyway finally got a compression test done and left cylinder is 150psi whilst right barely makes 80psi. Teaspoon of oil in bore and compression jumps upto 210psi. So i contacted the dealer and they are happy todo the work under the warranty as long as i return the bike to them at my own expense.Now having read the sale of goods act 1979 PT5A section 48A +48B states for 6months after delivery all costs labour,parts and postage are the responsibility of the seller.Now my question is am i right or is this just my interpretation of the act and what i think it means. Any comments would be useful as what it would cost me to get the bike to them i could probably get the work done locally. Cheers in advance..........

[iooi]

Tough one to settle.
A call to your local trading standards would be the best way forward, to see exactly how the law lies. Not sure if Scottish law will be the same as the English.

Did you buy the bike sight unseen, or did you go inspect it.

Possibly could you get the dealer to agree a price on the repair and see if they will then allow a local dealer to do the work.
I would wonder if they would simply swop the engine out for another, would guess that being much cheaper than a re-bore, new pistons. Unless its the valve's that are blowing by, but the oil test would point to pistons rather than valves.

A lot is going to depend if its just the dealer doing the work at their own expense or if it was a 3rd party warranty.
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Just because my bike was A DIVVY, does not mean i am......

[happy2day]

It appears the warranty was with dealer. I agree its piston,bore or ring related. Under scottish law you are a consumer not a buyer and claims can only be made against the seller up to the 5yr mark opposed to the english 6yr mark. The act does state though that in the first 6 months from date of delivery if goods do not conform to the contract of sale then it is deemed they did not do so on date of delivery unless seller can prove otherwise. The bike was bought unseen and thier salesman said the bike was being serviced and valve clearances checked prior to dispatch. In retrospect it seems strange they would check clearances unless they suspected something wrong initially.
Cheers for the info.Tried speaking to dealer and as soon as i mention sale of goods act i get passed from one phone to another untill finally the workshop manager is away on holiday

[Hetzer]

[stinkwheel]

Put something in writing.

State the background to your problem, what the exact problem is, what you want to be done about it and give a reasonable time to respond.

Keep a copy, keep a proof of postage. Be polite, don't ramble, don't threaten anything at this stage. You could word it in a "Just to confirm what was said in our recent phone call" manner.

From previous warranty problems with motorcycle dealers, trading standards want them to have had at least three, provable (ie. written) oppertunities to sort the problem out before they will get involved.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[sickpup]

How exactly was the bike purchased. Direct from a dealers website, via Ebay on auction or BIN etc?

[happy2day]

It was purchased through internet, direct from dealer website

[sickpup]

Time to take a gander through this site then.