Motorbike Fairings, need some clarification

benten69

OK, so I bought some race fairings (bodywork) for my bike recently. They arrived promptly, and looked fine. However the mounting points on these kinds of body work are marked out, but not pre-drilled. So I lined up the top half and it looked ok.

Proceeded to drill out a hole for the bolt, secured it to the bike and then noticed some major issues such as the upper fairing fouling the steering and the bottom half wouldn't line up with the bike or upper half when I went to line it up.

I have e-mailed the company I bought them from, but no response. I always e-mail as it keeps everything in writing, been messed over once before by doing things over the phone, so don't deal over the phone any more. All I want them to do is replace them. However if they continue to ignore me and push turns to shove I will get my credit card company involved and get it sorted that way, then go buy some from elsewhere.

My real question is, does the fact I have drilled out the mounting points affect my statuary rights in any way, shape or form?

It is not possible to see if the item is or is not a good fit without testing them on the bike and I can't test them without drilling the holes. Now the website says that I should just need to drill the holes and they will line up perfectly, but that is not the case.

Am I still covered by the fact that they have been mis-sold and not fit for purpose without extensive modification since I've drilled the 2 mounting bolt holes?

I know if I just didn't want them then I would not have a leg to stand on, but in this situation they do not fit the bike they were intended to. So am I still fully covered under statuary law?

agrinnall

I don't see that what you've done affects your SOGA rights, as long as where you have drilled is where you were supposed to. It's possible that your DSR rights might be affected, but they might not, given that it would have been difficult to know the product wasn't suitable until you started to fit it.

I wouldn't worry about it too much either way until you hear back from the company.

benten69

Thanks, yes I did drill in the place I am supposed to. The mounting points are recessed and I drilled in the middle as shown in this pic below, one hole in each side.

i1289.photobucket.com/albums/b504/ancdtges/F776C516-5872-4235-BCBE-F7C70C8B795F-26201-0000081A7B572353_zpsca40b9d8.jpg

It's not like the fairing is just a few mm out which could be down to incorrect mounting, it is out by a good 3-4cm in places.

I will wait and see if they reply, but was going to open a dispute by next Monday if they hadn't replied as they were happily replying within 24 hours before I ordered, but not been in touch since last Tuesday when I advised them of the fitment issues.

I'll send one more email mid-week to give them one last chance and let them know that if I don't hear anything then I'll be left with no other choice but to contact my credit card company.

benten69

I just found this on their site, can anyone confirm of the DSR do say this?

No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.

If the above is correct then I am not only covered by the SOGA, but also the DSR, because I have used my product (drilled the 2x mounting holes), but because I want to return the item due to being defective (not fitting the bike correctly and not being a "Perfect Fit" as advertised on their website) I am well within my rights?

wealdroam

If the goods are faulty, then of course you are covered.... you've already been told that.

bazster

benten69 wrote: »

I just found this on their site, can anyone confirm of the DSR do say this?



If the above is correct then I am not only covered by the SOGA, but also the DSR, because I have used my product (drilled the 2x mounting holes), but because I want to return the item due to being defective (not fitting the bike correctly and not being a "Perfect Fit" as advertised on their website) I am well within my rights?

Well if it doesn't fit then it is defective, obviously...

Prothet_of_Doom

wealdroam wrote: »

If the goods are faulty, then of course you are covered.... you've already been told that.

In the same way as me cutting a bloody big hole in a kitchen work top, to find that there was wood chip between the plastic and the wood.

wealdroam

Prothet_of_Doom wrote: »

In the same way as me cutting a bloody big hole in a kitchen work top, to find that there was wood chip between the plastic and the wood.

Not enough information to say.

Does sound like you made a mistake though... so not the same.

Why do we need the expletives?

pinkshoes

It's defective. Send them a photo and ask them for the sdress to return it to.