miss sold a motorcycle ?

wealdroam

shaun_from_Africa wrote: »

But surely if it was sold described as a racing cycle then it was designed and sold specifically to be taken onto a race track, so why should this void a warranty if one was supplied?

Because the OP thought that anyone selling cars or motorcycles needed to offer a 3 month warranty...

Mr_tea wrote: »

As i understand it any dealer sellinga car or motorcycle is bide by law to give certain cover for 3 months ? I cant recall it's name but i'm sure people on here would know its name.

I was merely suggesting that whatever this obligation was, it probably had the 'normal' use of cars and motorcycles in mind, and may not cover racing.

Flyboy152

scheming_gypsy wrote: »

there's no such thing as sold as seen or no warranty when buying from a trader. If it isn't in the condition described then they're liable within x period of time and 3 miles would be well within that.

And I would go as far as saying that the trader has gone a long way to shoot himself in the foot. When paperwork such as this is presented to a District Judge, it is likely to be viewed that the trader was deliberately attempting to deceive the consumer into believing he had no rights, something which I believe the courts do not look favourably upon.

bris

Flyboy152 wrote: »

And I would go as far as saying that the trader has gone a long way to shoot himself in the foot. When paperwork such as this is presented to a District Judge, it is likely to be viewed that the trader was deliberately attempting to deceive the consumer into believing he had no rights, something which I believe the courts do not look favourably upon.

Any judge would look at the claim under normal use, a track bike is anything but normal use. Track bikes are easy to blow because of the stress placed on them by the rider. There is no way that the retailer will cave in on this one, anyone who knows about racing will know that engines blow all the time.

Flyboy152

bris wrote: »

Any judge would look at the claim under normal use, a track bike is anything but normal use. Track bikes are easy to blow because of the stress placed on them by the rider. There is no way that the retailer will cave in on this one, anyone who knows about racing will know that engines blow all the time.

But the bike was being used for its purpose, ergo, normal use. It was sold to the OP as a track racing motorcycle. The OP drove three miles and it failed. It doesn't matter what the retailer will or won't do, if it goes to the SCC, it will be up to a District Judge.