Item repaired once, faulty again. Refund?

sebtomato

Hi,

I bought an expensive electric-assisted bike a year ago, German-made, from a local shop.

The motor failed after 3 months and low mileage, and got replaced by the shop (took 2 weeks, and a bit of pushing).

I didn't use the bike much during the winter. The new motor started failing again recently, again after some fairly low mileage.

Given the price of the bike and supposed quality of components, I would expect it to run trouble free for many miles and many years (as long as it's maintained properly).

Checking online, it seems to be a common issue with bikes equipped with this motor (that has design flaws, and no longer installed on new bikes), and when the bike is out of warranty, a new motor will cost £500 to be replaced.

I am not trusting the bike anymore, too unreliable now, likely to be left stranded far away (with a very heavy bike), and likely to be an expensive purchase once warranty is out.

Am I right to believe I can return it and ask for a full refund, as it's not of satisfactory quality, and they already got an opportunity to fix the fault once?

Apart from the electric failure, the rest of the bike has been well maintained and is in perfect condition (so they can't complain that the bike was not well looked after).

I don't really want a replacement (old stock of the same bike, or motor replaced again), since it's likely to develop the same fault anyway.

They may offer a newer bike model, with the new type of motor, not having the same sort of reliability issues, but I am not sure I would trust that brand anymore.

Thanks,
Seb

hollydays

Have you had it serviced?

agrinnall

sebtomato wrote: »

Am I right to believe I can return it and ask for a full refund, as it's not of satisfactory quality, and they already got an opportunity to fix the fault once?

No, you're not right, and it would be quite unusual for only one repair to be attempted. You can ask but if they say no there's not really anything you can do about it. However, the warranty really isn't that relevant, the seller is responsible for fixing inherent faults for up to 6 years anyway. Be warned that if they do agree to refund it's unlikely to be the full amount as they can take into account the use you have had already.

sebtomato

agrinnall wrote: »

No, you're not right, and it would be quite unusual for only one repair to be attempted.

I thought that, under the Consumer Rights Act, I didn't have to go through a second repair for the same fault, and could ask for a refund instead?

"After one failed attempt by the retailer to repair or replace a faulty item, you're entitled to ask for a refund or price reduction." according to the Which page.

I didn't mention anything about warranty. The bike has a 2 year warranty, but the Consumer Rights Act is in addition to that anyway.

sebtomato

hollydays wrote: »

Have you had it serviced?

The electric motor is a non-serviceable item. Cannot be opened nor repaired. Has to be replaced if faulty, so this is not relevant.

Rainbowgirl84

sebtomato wrote: »

I thought that, under the Consumer Rights Act, I didn't have to go through a second repair for the same fault, and could ask for a refund instead?

"After one failed attempt by the retailer to repair or replace a faulty item, you're entitled to ask for a refund or price reduction." according to the Which page.

I didn't mention anything about warranty. The bike has a 2 year warranty, but the Consumer Rights Act is in addition to that anyway.

I don't think the Consumer Rights Act came into force until October 2015 and it's not retrospective I believe.

hollydays

sebtomato wrote: »

The electric motor is a non-serviceable item. Cannot be opened nor repaired. Has to be replaced if faulty, so this is not relevant.

Your own words were

"Given the price of the bike and supposed quality of components, I would expect it to run trouble free for many miles and many years (as long as it's maintained properly)."

That's why I asked if you have had it "maintained " by a shop.

wealdroam

Rainbowgirl84 wrote: »

I don't think the Consumer Rights Act came into force until October 2015 and it's not retrospective I believe.

You are right Rainbowgirl.

OP, under The Sale of Goods Act there is no limit to the number of repairs the seller can attempt as long as the remedy is performed in a timely manner without causing significant inconvenience.

sebtomato

hollydays wrote: »

Your own words were

"Given the price of the bike and supposed quality of components, I would expect it to run trouble free for many miles and many years (as long as it's maintained properly)."

That's why I asked if you have had it "maintained " by a shop.

No, manufacturer's word: the motor is a non-serviceable item. It's a sealed unit, and cannot be repaired.

So has the non-serviceable part been serviced? No...

Other normal mechanical parts of the bike are standard and have been serviced properly. They present no issues.

sebtomato

wealdroam wrote: »

You are right Rainbowgirl.

OP, under The Sale of Goods Act there is no limit to the number of repairs the seller can attempt as long as the remedy is performed in a timely manner without causing significant inconvenience.

Excellent point, thanks. The bike was indeed purchased when the SOGA was still in place.

However, the first repair took the bike off the road for 2 weeks, and required several subsequent visits. Hardly the definition of "timely" or "convenient".

wealdroam

sebtomato wrote: »

Excellent point, thanks. The bike was indeed purchased when the SOGA was still in place.

However, the first repair took the bike off the road for 2 weeks, and required several subsequent visits. Hardly the definition of "timely" or "convenient".

I would suggest that as you appear to use this bike in a casual manner - "I didn't use the bike much during the winter" - being without the bike for two weeks probably wouldn't be seen as a significant inconvenience.