Faulty new motorcycle after a bit over 6 months

aspencat2000

Hi all,

I wonder if you could help me with an issue with my new motorbike.

On 4th June I bought a top of the range electric motorcycle, ZERO SR/F Premium. I paid £17104 to Wheels Peterborough.

The bike failed on 13th December, just over six months after I bought it. The bike wouldn't turn on when keyed in after only 6 hours being parked, it was completely dead despite the power pack having 75% charge.

It was taken to the workshop by Wheels Peterborough, where Wheels service assessed that the 12v battery was discharged. I was told that they trickle charged the 12V battery and I was told the bike was fine, not showing any errors (even though I tried to make them understand that a 12v battery can't discharge so fast, there must be something wrong with the bike). They failed to investigate or find the reason for spontaneous discharge of the 12V battery.

The ZERO manual clearly states that "Your Zero motorcycle is equipped with a 12 volt maintenance free battery to power the motorcycle’s systems when the key switch is in the OFF position."

I had to pay £144 to take it home on 15th December and immediately put it to the EV charger. The day after, the bike again wouldn't turn on when keyed in, showing error messages. The power pack was fully charged but the 12V battery discharged again overnight. I contacted Wheels, who came to take it and get it repaired.

Marcus Fouracres, ZERO's Technical Manager for UK, contacted me on 19th December after my official complaint to Wheels, he mentioned that Zero recommends to replace the 12v battery.

I was contacted by Wheels on 23rd December, they told me the battery had been replaced and the bike is fixed.

I went to collect the bike on 29th December and the bike wouldn't run after keyed in, showing error messages (ISOLATION FAULT and BATTERY MODULE INELIGIBLE, and other Error codes in the MMS).

The bike remained at the workshop hence.

This motorcycle is my only way of transport, and now I can't commute to work. Since 13th December I have been stranded without transport. I live in a village with no available public transport to my place of work. The reason of buying this very expensive bike was to get a reliable way of commuting to work, which hasn't been the case. My life is hanging in the balance because I can't get to work, and I worry I will be fired.

Neither ZERO (Manufacturer) or Wheels (dealer) ever offered me a solution or a replacement while the bike was being fixe

On 30th December I asked for a full refund on the bike under the Consumer Rights Act 2015, as both retailer and manufacturer have failed twice to fix it.

Retailer's General Manager, Simon Garrett, acknowledged the claim on 3rd January, saying that "I will revert to you once I have concluded my investigation into the concerns raised, this will likely be in the next 5-10 working days"

On 5th January, ZERO EU sent an email to all Zero owners, with the text below:

"We have determined your specific model has a 12-volt always-on module supplying power to the OBDII port that can potentially fail. Zero Motorcycles has elected to initiate a voluntary service campaign to remedy this issue.

The remedy is to have Zero Motorcycles dealers inspect and remove the 12-volt always-on module on all affected motorcycles and replace the always-on module with a bypass kit provided by Zero Motorcycles.

Please contact your preferred Zero Motorcycles dealership to schedule an appointment to have the service campaign completed. To find the dealer closest to you, please use the dealer locator button below."

On 7th January I asked for an update on my bike, as I am still unable to commute to work, and I need an immediate solution.

On 9th January, Simon Garret answered: 

"In response to your email of Saturday, please re-read the email sent to you last week, I intend to revert to you on Wednesday of this week.Just for clarification, you are NOT entitled to a full refund, if I find that your bike is faulty, I will be offering a depreciated value, based upon mileage and condition."
I am now worried that the retailer will tell me that the bike has been fixed (on their 3rd try), but I don't trust their services, so I would like to know what are my rights to get a full (or partial) refund on the item.I hope you can help me with this issue.

Kind regards,
Alex

HillStreetBlues

Did you drive of with bike on 4th June, if not when did you have first use of bike?

Manxman_in_exile

My understanding is that if (1) you have given the trader a chance to repair the problem or to replace the part that isn't working, but (2) that attempt has failed to resolve the problem, then you are entitled to exercise your final right to reject the 'bike.

See s24(5)(a) Consumer Rights Act 2015 (legislation.gov.uk)

For most goods that are sold it makes a difference whether they are rejected before or after 6 months from the date you got them.  The general rule is that for most goods the trader can make a deduction to account for the use you have had of the item if you reject it after 6 months, but if you reject it before 6 months, no reduction can be made.

Unfortunately, motor vehicles are an exception to this general rule, and the trader can still make a deduction for use even in the first 6 months. s24(10)(a).  So in your case I don't think it matters if you got the 'bike more or less than 6 months ago.

But note that they can only make a deduction from your full refund for the "use" you have had of the 'bike since delivery.  I don't think they can just charge you an amount to cover its depreciated value.  While it might be fair that you get charged for the "use" you've had of the 'bike, it's clearly not fair that you also get charged for any depreciation in its value owing to it now being a "used" 'bike.  You didn't reject it because you didn't like it or wanted to sell, you've rejected it because it's faulty and the dealer has failed to fix it.  That's their problem, not yours.

(Of course, no doubt, you'll have to argue the toss with them what a fair value for your use of the 'bike is... )

Olinda99

It sounds like they have identified the fault and will fix it, so you should have no more problems going forward.

You could accept the fixed bike back and try and get compensation or goodwill for to time you didn't have use of it.

aspencat2000

Hillstreetblues I have riden it everyday, as is my only way to commute. 
 

Thank you Manxman in exile this is very thorough answer, and what I will tell the retailer in case they push me.  

Olinda99 Problem with this is that they have tried to fix it twice already, I don't see why I would trust them to have it fix this time. I believe this motorcycle was sold faulty and will always have problems.  
 
Thank you all for your answers. 

HillStreetBlues

aspencat2000 said:

Hillstreetblues I have riden it everyday, as is my only way to commute. 

But  from what date? 4th of June or did you take possession later?

born_again

If it's a warranty repair, then check the T/C as many have the clause that you will not get a replacement method of transport or any compensation for being without.

aspencat2000

I've ridden it since 4th June, when I bought it. It was new from the dealer.

aspencat2000

Hi again, I wonder if you could help me again. The dealer finally answered today, they told me that "due to water ingress the vehicle has developed a further nonrelated fault with the main battery, this, again will be repaired under the vehicles warranty."

It was in their workshop, so I don't know how could've this happened.

They also say: Zero UK are happy to supply a loan bike during this period where the vehicle will be off road, this should be available within the next few days.

 Zero are currently offering a battery upgrade on eligible vehicles, which yours is one, this will mean that your 20my bike could be fitted with a later spec and capacity battery, a significant enhancement.

 We have two ways of progressing the matter:

1. You accept the offer of the loan bike until the battery upgrade is available and completed at no cost to you.
2. I offer to repurchase the bike at a value taking into consideration the mileage, use and condition, which I will be able to communicate once I have inspected the vehicle on Monday.

I told them I want a refund, but noting that is not a repurchase from them, it's a refund. It might've touched a nerve, as now the dealer's general manager says: I would recommend you re-apprise yourself of the terms of the consumer rights act 2015.

I will email you on Monday as I am not on site until then.

Could you advice on this, please? I would say I have the right of a partial refund.

Thank you

Wonka_2

Can't see that anyone has asked this or it's covered yet - but how did you pay ?

Cash/bank loan or any element on credit (either deposit on Credit card or credit taken out on whole purchase) ?

aspencat2000

I paid through bank transfer