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Is the dealer obliged to pay for repairs in this instance?

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repiV
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PostPosted: 22:42 - 14 Jun 2007    Post subject: Is the dealer obliged to pay for repairs in this instance? Reply with quote

I made the mistake of buying a bike ('99 FZS600) before I even had a provisional license and knew nothing about bikes mechanically speaking.
I've only been riding the thing a couple of months but it's had so many problems it's ridiculous.
Today I had to call breakdown recovery because the electrics kept dying on my bike as I was leaving work - about a dozen times it died. I nearly dropped it pulling away when the engine died as I was turning. I had the same problem yesterday morning but it only happened in my driveway and I didn't give it much more thought...
This finally solved the mystery of why it died on me twice going along a dual carriageway a few weeks back.

Turned out the problem was that someone had tried to force the steering while the steering lock was on (so that's why the steering lock never worked, then) and it had broken the ignition thingamyjig - the cable was coming detached and thus cutting out under steering. He used a cable tie as a temporary solution...but that's not all.
The downpipes have apparently also corroded leaving a hole in the exhaust - maybe this is why the thing is so damn loud and I find myself wanting a more powerful bike after only a couple of months?
And, I don't know how I managed to go all this time and not realise, but the fuel tank was loose. It had no screw holding it in and he just lifted it up freely.
The dealer was going to charge me for repairing the fork seals in an earlier service, until I told him just how pissed off I was with that extortion. He sold it to me with leaking fork seals, of course I had no idea at the time.
Clearly the bike has been sold to me in a very dangerous condition - can I do anything about it financially? I imagine a new exhaust is going to cost a small fortune, and the fork seals, fuel tank and electrical issues are all potentially fatal problems.
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yambabe
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PostPosted: 22:46 - 14 Jun 2007    Post subject: Reply with quote

How long have you had it?
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0ddball
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PostPosted: 22:49 - 14 Jun 2007    Post subject: Reply with quote

He should sort the steering lock/wiring problem under waranty.

The fork seals and exhaust are questionable as they are classed as wear and tear items. You would have to prove they were already beyond servicable use when you bought the bike.
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iooi
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PostPosted: 22:49 - 14 Jun 2007    Post subject: Reply with quote

You are missing a few important points before anyone can really pass judgement.
Like when did you buy the bike.
Did the retailer offer any sort of warranty on it at the time.

It is possible that the lock damage has been done while the bike has been in your possesion, which i'm sure the retailer will argue.

As to exhaust, did you not notice it when you picked it up ? Again its a good chance that it has happend in your ownership and the dealer will again point to that. As to the bolt they shold just give you one FOC...
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KTM Gordo
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PostPosted: 22:53 - 14 Jun 2007    Post subject: Reply with quote

I'm guessing you bought it from a dealer, in which case the "sale and supply of good to consumers" regulations apply. This means that goods must be in a satisfactory condition.

Now it depends how long you've had your 'bike, how much you paid for it, and the age, mileage etc. of it to determine whether it's "satisfactory".

Early (pre 2002) FZS600 Fazers had mild steel exhausts and they do rot - I've replaced mine with stainless ones.

It might be worth having a chat to your local Trading Standards department as they might want to drop in and have a look at his other 'bikes...
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repiV
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PostPosted: 22:53 - 14 Jun 2007    Post subject: Reply with quote

I bought it in February...been riding it for nearly a month.
I didn't notice the problem with the exhaust...it's a small hole in the downpipes where it's rusted away. No warranty or anything, I just bought it to be honest.
The steering lock was definitely not my fault, as the steering lock has never worked. And since discovering it didn't work, I've never used it. It must have been broken when I bought it.
Agreed I can't prove owt with the exhaust though...I have a new bolt on the fuel tank, but I find it alarming that he would sell the things in such a state.

It's done 53,000 miles (it was about 51,600 when I bought it IIRC - definitely in the 51k range though) and I bought it for £1195.
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St0rmer66
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PostPosted: 22:58 - 14 Jun 2007    Post subject: Reply with quote

Wasn't from DK Motorcycles was it? Sounds like a lot of bikes from there Laughing .

Well you haven't had it all that long, so the law may be on your side. Dealers do have more obligations than a private seller when they sell you a bike. As said, I would go to your local trading standards office and have a word with them about it.

Bet you wish you'd taken a better look at it now though before you bought it Sad .
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iooi
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PostPosted: 23:03 - 14 Jun 2007    Post subject: Reply with quote

If you have done 2000 miles then the exhaust is a bit of a non starter, things like that can look OK on the outside, but be knackered inside. They tend to rust from the inside outwards.
As to the lock if has never worked, you maybe able to haggle with him to fit a new one at a reduced rate.
Stuff like this should really have been pointed out to him at the time you picked it up. As you should always use the lock when the bikes parked up.
In reality the dealer would be within his rights now to say sorry you have had it since Feb, 4 months now.

At the end of the day he had seen you comming, next bike you buy either give it a real good look over or take someone with you who knows about bike. It really is a case of buyer beware.


From this site you actually got the bike for well under the poor condition price...
Quote:
99 Good £2200 Fair £1850 Poor £1300

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repiV
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PostPosted: 23:11 - 14 Jun 2007    Post subject: Reply with quote

St0rmer66 wrote:
Wasn't from DK Motorcycles was it? Sounds like a lot of bikes from there Laughing .


Nope...but the owner is a Harley rider if that counts. Laughing

Quote:

Well you haven't had it all that long, so the law may be on your side. Dealers do have more obligations than a private seller when they sell you a bike. As said, I would go to your local trading standards office and have a word with them about it.

Bet you wish you'd taken a better look at it now though before you bought it Sad .


I wish I'd waited until I passed my DAS and actually knew something about bikes - then I could have test ridden a few things aswell as knowing what to look for. I don't regret choosing a Fazer at all, but I'm starting to think maybe I should have gone with an SV650 instead. I've yet to ride one, of course... Smile

Will speak to Trading Standards though, thanks.
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repiV
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PostPosted: 23:12 - 14 Jun 2007    Post subject: Reply with quote

iooi wrote:
If you have done 2000 miles then the exhaust is a bit of a non starter, things like that can look OK on the outside, but be knackered inside. They tend to rust from the inside outwards.
As to the lock if has never worked, you maybe able to haggle with him to fit a new one at a reduced rate.
Stuff like this should really have been pointed out to him at the time you picked it up. As you should always use the lock when the bikes parked up.
In reality the dealer would be within his rights now to say sorry you have had it since Feb, 4 months now.

At the end of the day he had seen you comming, next bike you buy either give it a real good look over or take someone with you who knows about bike. It really is a case of buyer beware.


From this site you actually got the bike for well under the poor condition price...
Quote:
99 Good £2200 Fair £1850 Poor £1300


Well I suppose when you put it that way, fair is fair...is there any kind of cheap patch job I can do on the exhaust? Chewing gum maybe? Very Happy
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iooi
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PostPosted: 23:17 - 14 Jun 2007    Post subject: Reply with quote

Might be able to get it patched up. A lot would depend on where the hole is.
You can get stuff from places like halfords to wrap round the pipes, or even get someone to weld it.
At best it would only put of the replacement for a while. You maybe able to just source down pipes on their own. Or a cheaper non-st system.
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repiV
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PostPosted: 23:23 - 14 Jun 2007    Post subject: Reply with quote

Well I'm monumentally skint at the moment, so a temporary fix will do just fine - I'll take a pic of the damage tomorrow and post it.

Must sleep now, really...thanks for the advice.
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Rookie
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PostPosted: 23:24 - 14 Jun 2007    Post subject: Reply with quote

Fixing the ignition wiring will be cheap enough, replacing the downpipes could be had for under £100 if you really shop hard. He's not going to do anything about it, those things could have happened at any point in the last 4 months. Unless it had a warranty he has no obligation to do anything, it's not his fault you hadn't passed his test and he doesn't know you didn't.

Oh and if you find the FZS600 boring after a few months, I expect the SV will send you to sleep.
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repiV
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PostPosted: 23:30 - 14 Jun 2007    Post subject: Reply with quote

Rookie wrote:
Fixing the ignition wiring will be cheap enough, replacing the downpipes could be had for under £100 if you really shop hard. He's not going to do anything about it, those things could have happened at any point in the last 4 months. Unless it had a warranty he has no obligation to do anything, it's not his fault you hadn't passed his test and he doesn't know you didn't.


He knew. I had it delivered by van. Smile
But, point taken.

Quote:

Oh and if you find the FZS600 boring after a few months, I expect the SV will send you to sleep.


I love the sound of it, and the smooth power delivery seems great. Maybe an SV1000 would be more my thing, I guess I'd have to ride it to find out.
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iooi
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PostPosted: 23:30 - 14 Jun 2007    Post subject: Reply with quote

Scorpion Exhausts - Yamaha FZS600 Fazer 98-03
Our Price: £174.99


Just do a google for FZS600 exhaust
There are plenty out there.
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repiV
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PostPosted: 23:31 - 14 Jun 2007    Post subject: Reply with quote

iooi wrote:
Scorpion Exhausts - Yamaha FZS600 Fazer 98-03
Our Price: £174.99


Just do a google for FZS600 exhaust
There are plenty out there.


Excellent. Will do. Thumbs Up

Really going to bed now... Whistle
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