Motorbike, broken after 33 days....

Craig_Donny

I bought a motorbike and other day i went to bridlington on it. Got off then bike, then i went back to start it, and nothing happned. The alarm/imobiliser wouldnt turn off so no way of starting the bike.
So i had to ring and get a tow truck home (70 miles).
I rang the comapany this morning and they said if it is the alarm.imobiliser then its tough basically, because my 3 month warrenty wont cover it so i will have to pay for it. They said with them picking it up and fixing it, it will be around £150 plus.
I have had mechanic friends look at it, and one who only deals in motorbikes says my alarm/imobiliser is stuffed and needs completly taking out. Costing about 100 quid because of time involved.
So basically legally do i have a leg to stand on?, I think its shocking i am having to pay, to remove something that adds value to the bike. Something that was part of the deal when i bought it!
The reason they gave was because its not factory fitted, but it was fitted in 2002, same year bike was made. So i think they should be fixing it and give me a new alarm!
Also need it sorting as fast as poss because im going to oz in 5 weeks for upto a year.

Thanks in advance, i will reply to any qusetions straight away.

Craig

custardy

this is an 8 year old bike,you will get faults
however your title says 33 days and you are now saying your outside your 3 month warranty is up? or are they saying this is excluded
the fact the alarm was fitted the year of manufacture doesnt make it factory fit

mc33033

Well you are within the first 6 months so if they can show that the alarm failure is fair wear/tear or abuse/misuse then they don't have to fix it. Otherwise under the sale of goods act they should fix it free of charge - your warranty will always have a paragraph which states your statutory rights are unaffected - point this out when they say "it's not covered mate".

Craig_Donny

custardy : Yeh it was only 33 days ago, they are just saying my warrenty dont cover it. And i know just because it was fitted same year doesent mean its factory fitted. I know for a FACT is wasent, i was just making it clear it was on the bike when i got it. Seems very unfair i have to pay £100 to make the bike worth less by not having an alarm! especially when i have only had it a month

Mc33033 : So when i ring in the morning should i say that the alarm is part of my statutory rights?

Cheers

Craig

mc33033

When you ring in the morning ask them to sort it out, your argument is that the bike is not of satisfactory quality under the sale of goods act 1979 (as amended) - and for the 1st 6 months it would be down to them to prove that it is of satisfactory quality for the age/mileage/price.

For example if you paid rock bottom price and there is excessive corrosion throughout the bike and this corrosion caused the fault with the alarm then they could argue it was fair wear/tear and you paid a price that reflected the condition and try and avoid a claim this way, but they have to prove the defect.

If you paid the blue book average or more then you have better grounds for your sale of goods act claim. In a consumer contract they can't exclude your statutory rights under this act, and initially really they should be offering a repair free of charge, although practically speaking they may just wire the alarm out, if they do this you may be able to seek a token refund for the lost alarm. The fact that the alarm was not an original fixture does not come into it. It was part of the contract for the bike.