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[VIC] Warranty troubles with Gassit M/C dealer - what are my options?

Discussion in 'Politics, Laws, Government & Insurance' started by dryfter, May 22, 2011.

  1.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    Location:
    Brunswick, Melbourne.
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    Hi,
    I bought a bike from Gassit motorcycles in Fairfield, Melbourne, just after Easter. As part of the deal, the bike was said to come with a six month warranty on the engine and gearbox.

    The bike seemed fine when I test rode it, but I quickly noticed it wasn't running quite right once I'd had it out on a proper ride.
    Thinking this was probably simply because the bike was overdue for a service, I took it in for one. (Not at Gassit, because they're not conveniently located.)
    Since the problem wasn't rectified by a service, I returned it to Gassit to try and get it fixed under warranty.

    Their claim is that because it was serviced elsewhere, they don't want to honour the warranty.. despite my claims that the fault surfaced before servicing the bike, Gassit insist that it must be due to a botched service.

    To their credit, they did spend a little while checking over the bike, but couldn't quickly spot anything trivial that was causing the issue. (ie. That might have been caused by a botched service)

    So it seems to be that is admission that it's probably a deeper fault.. however they are refusing to do any more work on the bike under warranty.



    So now I am trying to work out what my options are..
    The obvious ones are:
    1) Pay Gassit to continue to diagnose the bike, but they already seem to have exhausted their ability to diagnose problems..
    2) Take the bike to a trusted mechanic and let them diagnose it - however I've been advised this could get expensive -- and Gassit don't sound like they'll honour their warranty on the engine even if it can be proven to be at fault.

    Do you think I have any legal recourse to force Gassit to honour their warranty?
    Firstly, I don't think that having a bike serviced by an authorised Yamaha dealer should have invalidated my warranty with Gassit?!
    Secondly, if a third party can prove the fault lies with the engine, will the act of proving it have invalidated the warranty?

    And critically -- has anyone else had a problem like this and managed to resolve it cheaply - or would legal fees end up dwarfing the actual repair costs..?

    Thanks,
    Toby

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  3.  
    Takamii
    Inspired

    Takamii HTFU - Wear RHOK ! Vendor

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    what are the terms and conditions of your warranty - first that must be looked at
  4.  
    guggle

    guggle Premium Member

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    I'm guessing the bike is 2nd hand, but read this article anyway. It basically says that it is illegal for a dealer to renege on a warranty - although the article was written for brand new bike.

    You might want to try consumer affairs..

    Good luck.
  5.  
    Bumblebeeman1150
    Relaxed

    Bumblebeeman1150 Member

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    Offering information related to new bikes is unhelpful, as such warranties are statutory. Most states have no obligations to warrant used bikes and the terms of dealer warranties are usually very specific. If I was the service manager I'd be less than impressed if someone showed up with a bike that had been worked on elsewhere and I was expected to honour an agreement that almost certainly stated that the bike should be presented to me first for any diagnosis of faults. Fault-tracing is time-consuming and detailed (so a major cost to them), so if they're hanging back from the job its less about admitting that they can't find it, than sorting out if they have an obligation to find it. Always read the fine print.
  6.  
    Hawkeye
    Sad

    Hawkeye Premium Member

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    I asked my local MP about the lack of warranties on used bikes in September 2010 and here is the main part of her reply:

    "From 1 January 2011, purchasers of new and used motorcycles will be covered
    by consumer guarantees under the Australian Consumer Law that will offer
    more clearly defined consumer protection where goods are defective or
    faulty."

    So based on this and what Guggle said "You might want to try consumer affairs..", I would contact Consumer Affairs Victoria and they will be able to help you.

    Good luck!
  7.  
    bretto61
    Bored

    bretto61 Premium Member

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    what's a motorbike ???
    Try consumer affairs.
    But first you mentioned that it was OVERDUE for the service. Not good and an out for them.
    Also it can be serviced at any Authorized MOTORCYCLE service center. re the ACCC 2005 act. So yeah long as it was a licensed bike shop you took it to be serviced then it should be ok, as long as the overdue bit was not in the extreme.
  8.  
    GreyBM

    GreyBM Premium Member

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    +1 to conacting Consumer Affairs. Sometimes they will contact the dealer for a friendly chat which can often result in the dealer having a change of heart.
  9.  
    smee
    Curious

    smee MODERATOR: Devil's Advocate Moderator

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    it's a second hand used bike warranty, like Takamii said READ the terms and conditions of YOUR warranty before you go to consumer affairs.
  10.  
    moto2
    Bored

    moto2 Premium Member

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    http://www.consumer.vic.gov.au/CA25...uying a used car~&3=070-Statutory warranties~

    From the website (I think I'm right assuming that it also applies to motorbikes):

    A licensed motor car trader must provide a statutory warranty if the car is less than 10 years old and has travelled less than 160,000 kilometres. Its age is determined by the build date stamped on its build plate. Usually, this is found on the firewall between the engine and passenger compartments.

    A statutory warranty lasts for three months or 5000 kilometres, whichever occurs first.

    The trader must repair any faults covered during the warranty period in order to ensure the car is in a reasonable condition for its age.


    Being that you bought it in Easter I would think this should apply to you.

    The Trader may have you on this bit though.

    If your car needs repairs while under statutory warranty, contact the trader from whom you bought it. If you arrange repairs before doing so, your statutory warranty may become void and you may have to bear the costs.

    On a side note to the above, your six month warranty would more than likely only be valid while you get it serviced by the trader. The warranty is a trader gimmick used to appear to add value to the sale. They make the money on the services and in the rare case where your bike develops a problem that is infact covered by the fine print of the warranty they will fix it.
  11.  
    foot69

    foot69 You really should close your curtains. Premium Member

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    The reference to car means it doesnt include motorcycles.
  12.  
    moto2
    Bored

    moto2 Premium Member

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  13.  
    moto2
    Bored

    moto2 Premium Member

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  14.  
    Kernel
    Cheerful

    Kernel Eaten by a Grue Premium Member

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    But given that the thread was written before January 1, 2011 (when new laws concerning used motorcycle warranty came into place as previously mentioned), maybe the OP isn't screwed.
  15.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    The warranty is terribly vague.
    I basically have a piece of paper that states the make, model and year of the bike, followed by "12 months registration" and then "6 months warranty", plus the price.
    I can't find any *actual* legalese terms and conditions regarding it!
    When I asked what the warranty covered, earlier on, I was told "oh, it basically just covers the engine and gearbox."
  16.  
    smee
    Curious

    smee MODERATOR: Devil's Advocate Moderator

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    Sounds more like a receipt than a warranty...
  17.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    The bike was overdue for a service at the time of purchase; I had it serviced (by an Authorised Service Centre for this make of bike) in less than 100 km after purchase!

    (ie. Services are due every 10,000 km; I bought the bike at around 30xxx, so not terribly overdue -- assuming the bike had indeed had the 20,000km service. (Dealer claimed so, but could not present any paperwork to show it))
  18.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    Indeed :/

    I was in a rush to get back to work after my lunchbreak, when I bought the bike, so didn't look over the paperwork very carefully at the time.

    How screwed am I, without any further paperwork?
  19.  
    Kernel
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    Kernel Eaten by a Grue Premium Member

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    It wasn't serviced by the dealer? That's crap IMO, what a stealership! If I was high up the food chain in any motorcycle dealership, I would not allow any used bike to be sold without it getting serviced according to the shop manual.
  20.  
    Takamii
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    Takamii HTFU - Wear RHOK ! Vendor

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    That is in your favour when its vague as there is no specifics to limit what the warranty covers except that it is for a period of 6 months

    There are no terms or conditions that are specified you MUST adhere too

    however the recourse by the stealership would be ( or their legal people ) that there is "implied " terms and conditions - terms and conditions that would normally be found in a contract but for some reason in yours it was "overlooked" - however that would be for a judge to decide

    so I still would say -- "your written warranty states but one term and condition and that being the lifespan of the warranty and nothing else "
  21.  
    Takamii
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    Takamii HTFU - Wear RHOK ! Vendor

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    HOWEVER

    the law can look at your comment "When I asked what the warranty covered, earlier on, I was told "oh, it basically just covers the engine and gearbox." as terms and conditions expressed as contract do not need be written they can also be oral or both

    Now in a legal shit fight it would come down to you proving they had not "expressed" this to you

    if accepted by the law as expressed then we must determine how basically it covers it -- does it cover it for intermittent/temporary malfunction or complete malfunction or both ?

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