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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 16:51 - 25 May 2005    Post subject: Local bike shop problems [HELP!] Reply with quote

A certain person bought a bike from a shop they were recommended not to buy from.

While the bike was collected another person commented on a chain and sprockets needing replacing.

The bike had a fresh MOT and we were told had a 'full service'.
The bike has done 500miles, it has now started to get some chain slip. The chain is adjusted fully out.

Looking at the front sprocket, it seems this would be the problem.

The garage's response when this certain person calls them 'you must have worn it down while riding it'.


My personal opinion is that there is absolutely no way that the chain or front sprocket were within service limits when the bike was serviced.


Now, I'm of the opinion that certain people should sort out their own mess when they have quite happily jumped into it against all warnings.


However I'm also of the opinion that it's not very nice for bike shops to work like this, so would like the chance to shout at them.


This bike was sold as fully working 'fit for purpose' serviced bike, rather than a bargain basement 'sold as seen bike' - with a price to match as well.



So, does anyone know what rights the certain person has to claim for a new chain and sprocket set for the bike?
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ghostgirl
Nova Slayer



Joined: 14 Mar 2005
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PostPosted: 16:58 - 25 May 2005    Post subject: Reply with quote

Any warranty with the bike? And maybe check the service history etc? ie when.
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cqueen
World Chat Champion



Joined: 13 Apr 2005
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PostPosted: 17:02 - 25 May 2005    Post subject: Reply with quote

kick up a stink, tell them to effin sort it out and leave it on their forecourt, dont take any shit.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 17:03 - 25 May 2005    Post subject: Reply with quote

There was a warranty, I believe.
I also expect these don't cover 'consumables'.

There wasn't any significant service history to note, that I remember.
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 17:04 - 25 May 2005    Post subject: Re: Local bike shop problems [HELP!] Reply with quote

G wrote:
...So, does anyone know what rights the certain person has to claim for a new chain and sprocket set for the bike?

Wouldn't like to say for certain, phrases like "fit for purpose" and "merchandisable quality" ring a bell. Talking of which try 'phoning trading standards, maybe they can help (or not, which is my experience, but that shouldn't stop you trying).
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 17:10 - 25 May 2005    Post subject: Reply with quote

I'd say that if it was sold as having just had a 'full service' and after 500 miles it's having those problems then it wasn't sold fit for purpose, they could complain to trading standard and take them to a small claims court for the cost of fixing it (thats about what I'd have to do if Infinity hadn't agreed to fix my TL for free) but the first step IMO would be to send a letter to the manager of where-ever they bought the bike from explaining exactly whats wrong with it, why its their fault and asking them to confirm that they'll fix the bike at no further cost.

Have fun shouting at them. Smile
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ghostgirl
Nova Slayer



Joined: 14 Mar 2005
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PostPosted: 17:16 - 25 May 2005    Post subject: Reply with quote

I think the only thing you have to go on is the apparent "service history". If you say chain or front sprocket were no way within service limits when the bike was "serviced". Then maybe that service was questionable? Maybe find out who serviced last? Start from there. The bike obviously wasnt fit for purpose when sold.
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VTR SP1
Brolly Dolly



Joined: 31 Aug 2004
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PostPosted: 17:19 - 25 May 2005    Post subject: Reply with quote

I had to call trading standards before and they were very helpful.

After contacting MFI again and quoting bits from the sale of goods act and that trading standards had been informed I got a full refund.

Strange that...

https://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt
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ash t
World Chat Champion



Joined: 16 Dec 2004
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PostPosted: 17:41 - 25 May 2005    Post subject: Reply with quote

this person didnt get the Bike from DK did they?? Sounds like their ways of doing business
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Gracie Jones
Trackday Trickster



Joined: 31 Aug 2004
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PostPosted: 17:46 - 25 May 2005    Post subject: Reply with quote

This is exactly what I had with the ZX6R.

It has done 26K miles and was sold as "full service" etc. I didn't check the chain or anything when I got it, as "full service" etc (although I should have).

I simply said: "Not happy with the chain" and they did new sprockets and chain at their cost.

The 'certain person' is well within their rights to ask for new chain and sprockets. This was confirmed to me by the mere fact that I did not have to raise my voice, or get stroppy with the dealers for them to sort my bike out. They knew they were in the wrong, and just sheepishly agreed to sort it out.

Luke
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 17:55 - 25 May 2005    Post subject: Reply with quote

I was trying to avoid doing anything too offical at the moment.

I have used trading standards before.

Unfortunately my time at the moment is very limited and the 'certain person' would rather sit and watch soaps on TV than have an extra £100+ in a back pocket Rolling Eyes.


Thus I was hoping someone might be able to point me towards any legislation etc that I could quote.
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Gracie Jones
Trackday Trickster



Joined: 31 Aug 2004
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PostPosted: 18:26 - 25 May 2005    Post subject: Reply with quote

Isn't it just Sale of Goods Act, and the 'fit for purpose' rule?
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Luke_Retrofly
Silly Lesbian



Joined: 05 Jul 2003
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PostPosted: 19:58 - 25 May 2005    Post subject: Reply with quote

Hi
Let whoever it is sort it out, you told them not to buy, TL

Luke
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Nath
World Chat Champion



Joined: 28 Jul 2004
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PostPosted: 20:07 - 25 May 2005    Post subject: Reply with quote

Gracie Jones wrote:
Isn't it just Sale of Goods Act, and the 'fit for purpose' rule?

But if the chain was still good enough to be adjusted to the correct tension when the bike was purchased, by what standard are you going to consider it 'unfit' for its purpose? Lasting at least 1k miles? 2k?

Chains are consumables, and are easily checked for wear. If you were happy with it when you bought it then don't really see how you can complain because 500miles later it's at maximum adjustment and needs replacing. Unless there's a mechanical defect causing it to wear out faster I don't think there's any case for complaint.
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Mrs Kickstart
Brolly Dolly



Joined: 06 Apr 2004
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PostPosted: 20:11 - 25 May 2005    Post subject: Reply with quote

Hi,

To get anywhere you usually need to do it writing but you can just take it (if feeling very picked send a copy recorded delivery as well).

The bike does have to be fit for purpose etc and if it was sold as serviced then then the chain should not worn out that quick.

however it very nice of you to try but if the "certain person" cannot be bothered you are probably wasting your time.

try this link
long link

I really hate it when some asks for you opinion, ignores it then expects the mess to be sorted out (in my case computers not bike) Evil or Very Mad

HTH

C
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0ni
World Chat Champion



Joined: 01 Dec 2004
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PostPosted: 20:19 - 25 May 2005    Post subject: Reply with quote

Sale of goods act, relevant bits:

Quote:
"Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale)."

"Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description."

"In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years)."

" If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)"

Because it was described as having a full service this forms part of the contract with the retailer. As per the last paragraph the retailer will have to prove that the chain was serviced and that 500 miles is a reasonable life expectancy of a chain.

Put it in writing (copy and paste) stick your number on it and request them to call you back with a suitable time to drop the bike off and get a new chain and sprockets.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 20:30 - 25 May 2005    Post subject: Reply with quote

The other question is was the chain lubricated within that 500 miles and were they riding like a tw@ in that time? I have fecked a perfectly serviceable chain (lubed and adjusted before I left) in a single six hour blast on a GPZ500s before today.

It is possible for a chain to go from fine to fu<ked in 500 miles in my experience.

I would sit back and say "I told you so!" with a smug expression of self-riteousness on my face if I were in your position.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 20:58 - 25 May 2005    Post subject: Reply with quote

I doubt it was ridden /that/ harshly.

I think it may have been oiled once.

Unfortuantely I have already said 'told you so' and often do, to the point it's got a tad boring Neutral. Smile

While it may have killed the chain, do you know if it could do this to a sprocket?
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 21:02 - 25 May 2005    Post subject: Reply with quote

Ok, fair do's, that sprocket is pretty fecked and it hasn't only just happened.

As above, write them a letter if they wont entertain you. Sales of goods act all the way.
____________________
“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.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 21:05 - 25 May 2005    Post subject: Reply with quote

I wouldn't go quoting legal stuff at them, send a polite letter explaining exactly whats happened and what you want them to do to the manager or some other equally senior person. If after a couple of letters they're still not having it then I'd point out that you're wanting to settle the matter with minimal fuss and bother and without legal recourse. No need to quote stuff at them which they'll already be well aware of.

Shouldn't the certain person be posting asking questions? It is their bike and money after all. Razz
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 21:08 - 25 May 2005    Post subject: Reply with quote

If I get the time, I'll try and pop in next week.

If I had the time I'd be writing various letters of complaint about all sorts of things and probably be hassling MPs etc.

I've still got 3 points that I believe I was forced to unfairly plead guilty to, which I haven't had time to look into.


So, if the 'certain person' can't be bothered to even post on a forum to get their £100, <shrugs>.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 21:36 - 25 May 2005    Post subject: Reply with quote

G wrote:
So, if the 'certain person' can't be bothered to even post on a forum to get their £100, <shrugs>.

If you do manage to get a certain person's money back from that shop, will you be charging for getting it? Razz
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