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Defective Bikes And Repairs
What right have I?
 It all depends on how you acquired your steed (or any other consumer product for that matter).
If, for example, Uncle Willy gifted you his prize Harley and the machine seizes up after 500 miles; then there is nothing you can do as against Uncle Willy since it is a gift and not a sale.
The position is (to a large extent) similar if you bought the Harley from a fellow biker who does not deal in Harleys for a living. The basic rule, when you buy from a private individual is “let the buyer beware”. The burden is on you to inspect it and satisfy yourself that it is in reasonable working order.
Phrases from the seller such as “it’s a good little bus” or a “good little runner” are mere seller’s garbage and known by lawyers as “mere puffs”. “Mere puffs” are to be distinguished from statements of fact such as “this machine has done a thousand miles”. If you can show that it has done thirty thousand miles then you have an action in misrepresentation against the seller.
Buying from a Dealer is another kettle of fish altogether. Although the basic rule is still “let the buyer beware” nevertheless there is much more protection under the law relating to the sale of goods and credit. Here certain rights are implied. For example the goods must be of satisfactory quality. Thus acquiring from a reputable, well established dealer can have its own rewards if perhaps somewhat costlier. Also even if you have an action in law, it is never any use suing people of straw – another reason for buying from a well established and financially sound dealer.
Servicing and mechanical work from a person in the ordinary course of his employment carries similar rights – to be distinguished from getting your pal to repair or service as a favour.
Paying with a credit card
Under certain circumstances if you use cards such as Access or Visa where you receive continuous credit then those companies can be made to “pick up the pieces” under the Consumer Credit legislation if you cannot pursue, say, the dealer. Please note that cards such as American Express or Diners Club are not included because there is no “running credit” and you have got to pay those off at the end of every month or whatever period is usual.
Buying with a cheque
Don’t assume that if you stop the cheque because goods are defective, then that is the end of it. The seller/mechanic may then be able to pursue you on the basis of the cheque alone regardless of the state of the goods or servicing.
May I get my money back?
Broadly this depends on the seriousness of your bike defects and how long you have kept the bike. Note particularly that keeping it for more than a few days may well prevent you from taking it back and getting your money back.
If I can't get my money back what can I do?
You may nevertheless be able to obtain damages. There is also the possibility of trading standards undertaking a prosecution but this may not be satisfactory from your point of view because the action is then out of your control.
Buying on HP and other consumer credit
The same rights and duties generally apply as in “cash” sales. There are additional and special rules however in relation to the formation of the hire purchase contract and the rights of termination. Most of these rules protect the person who is acquiring the goods and under certain circumstances a “cooling off” period is allowed whereby you can cancel the goods – for example if you have been pressurised into signing in your home.
Summary
- You will have very few (if any) legal rights if you acquired
your bike (or any other goods) by way of gift or private purchase
- Purchasing goods from a DEALER gives you a whole range of rights – whether you pay cash or with a credit card (but not all credit cards are covered)
- Similar principles apply to servicing and repairs.
- Entitlement to getting your money back can be lost if you keep the goods too long – even more than a few days can be fatal.
- Even if you can’t get your money back then you may be able to obtain damages.
- When dealing with people against whom you have a grouse always make sure that the discussions are recorded in writing – back up all telephone calls with a letter stating what has been discussed (and keep a copy of that letter).
- Always try to resolve the difficulties amicably and without recourse to the courts.
- If the courts become inevitable then your local county court will invariably run a small claims scheme.
With many thanks to Phil Shuker Life Member from his website www.bikersadvice.com |
