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brand new motorbike and side panniers faulty.

Hi all.
Firstly thankyou for reading . I'll keep it to the point.
Brought brand new bike and side panniers.went to tour Scotland and one of side panniers lock came out of housing.cannot remove from bike or get access to clothes & waterproofs.
Called shop and told them of problem. They answered that they will book me in to do a repair but i either have to ride it to northampton myself or pay them to collect the bike.they will not/cannot repair at my home in cov.
They say its suzuki i must call and talk to but the side panniers come as a kit which the shop assembled.
And lastly,the bike has cruise control which intermediary wont come on when im travelling. I have to stop on motorway hard shouldet ,turn bike off & back on again to access cruise control.
My questions are:
1. Do i pay them to collect under protest? (as my contract of sale is with them, not suzuki).
2. Should i insist they cover collection costs?
3. Should i call suzuki first to see what they say?
4. Should i go straight for legal advice as the shop seem to think they only sell the bike!
Many thanks for any advise.
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Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,945 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 10 July 2023 at 12:35PM
    Generally the trader is responsible for the costs of return to the place where you took possession of the goods, so if you picked up from them in Northampton you should return it to there at your cost but from what I've read you may be able to claim damages if for example you have to pay for a vehicle to be recovered as it is undrivable. 

    If it is less than 30 days you can reject the bike for a refund (they can make a deduction for actual use) but might be required to show the issue is with the bike rather than misuse should the trader request such or if you are happy with the repair option then the issue is presumed unless the trader shows otherwise and hopefully that will solve all problems :) 

    They should fix the cruise control issue whilst fixing the first issue mentioned. 
    In the game of chess you can never let your adversary see your pieces
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    If you bought the bike from a dealer in person then I think you have to return it to where you bought it from just like if you bought a jumper from a shop. If you did it all by distance sale then it might be different.

    It might be worth talking to Suzuki as they might be willing to take a look at the issues under warranty via your local dealer rather than having to return it to the original place. However, ultimately your consumer rights are with the original dealer so if you want to reject the bike you'll have to deal with them. 
  • coventrian
    coventrian Posts: 64 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for your replies appreciate them.
    The email i received states they will not cover the cost of my wet gear and require £40 to collect the bike.
    As advised i will contact suzuki and see what they say.
    I wanted to see what the bike was like touring Scotland as well as the NC500 before i left any feedback.
    Thanks again.

  • born_again
    born_again Posts: 24,114 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Were the cloths not packed in waterproof packaging inside the panniers?

    Wet gear dries out, so I would not expect to be payed out for that.

    Same would go for a pick up, as it not something that is stopping you from dropping at dealers.
    Life in the slow lane
  • coventrian
    coventrian Posts: 64 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Read my post again my friend.....its my waterproofs and other clothing that was trapped inside the pannier after the lock came out of its housing.
    Plus, on the day i paid for and picked up the new bike there was oil pouring over my left boot and they told me to ride the bike home and would pick it up in the morning!!
    They said it was a gasket that was kinked when bike was manufactured, which i very much doubt.
    Nothing more scary than riding a bike with oil all over your rear tyre!
    Anyway i have phoned suzuki and left it with them to try and sort out. Its left a very bad taste dealing with them and my confidence in them has gone to zero.
  • Wonka_2
    Wonka_2 Posts: 987 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker

    Anyway i have phoned suzuki and left it with them to try and sort out. Its left a very bad taste dealing with them and my confidence in them has gone to zero.
    Which is a pointless exercise as your rights are with the retailer.

    Not sure why you accepted a faulty bike to start with - that was your opportunity to say no and assert your immediate rights. Did they come and collect/fix it as promised before your trip ?

    Assuming official panniers but fitted by the dealer then again Suzuki are unlikely to be interested

    How did you pay ? Is there a finance agreement that will give you additional leverage ?


  • coventrian
    coventrian Posts: 64 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I understand the contract is with the shop and not suzuki.
    The bike was collected before my trip and the panniers were ordered from suzuki as a multi part kit & assembled by the shop. Shop said that it was a faulty engine casing gasket(which i never believed) & the bike had 22miles on the clock so was reduced in price.
    I was ready to forgive but not forget the leak but now this has happened i have no respect or confidence with motorcycle world!
    I paid by debit card but wish i had paid by credit card,even though it would only cover the first 10k.
    I just wanted suzuki to be aware of one of their approved dealers behaviour towards one of its customers & what the potential bad press they were creating. I am not expecting the earth to move but am expecting this shop to step upto the mark and show the kind of customer service they say they have.
    Dissatisfied & disappointed so far!
  • coventrian
    coventrian Posts: 64 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    ** i did mean,but forgot to clarify that it is the dealer im unhappy with.untill suzuki get back to me with any resolution, i cannot say anything of their customer support at this time**

    All in all £1200 for two panniers is not a couple of quid tho.
  • Alderbank
    Alderbank Posts: 4,348 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper

    I paid by debit card but wish i had paid by credit card,even though it would only cover the first 10k.

    What does that mean?

    If you pay any part of the cost using a credit card you have s75 protection for the full amount provided the price of each item is between £100 and £30,000 
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