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VIC Contract of sale

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by DonJuan, Feb 3, 2015.

  1. Hi all,

    I purchased my motorcycle early November 2014 new from a dealer. They wrote into the contract that they would also supply and install a new fuel tank as the one on the bike was scratched and had a slight dent. They originally attempted to order one before I took delivery which prolonged the delivery by 4 weeks. They had been sent the wrong tank and had to reorder. I was then advised 4 weeks (on the 12th November). I have always had to chase them and every time they say they will get back to me (and never have, not even once). I am still awaiting advice as to when I can expect the tank and when it will be installed. It has been months now.

    What I'm curious about is how this breach of contract can be resolved. Technically, do I need to pay for the bike as the dealer has breached the contract due to reasonable time to resolve the issue. What outcomes can I achieve from this that benefit me? Where do I take this dispute?

    Any ideas as I am planning on confronting the dealership in person this weekend with paperwork in hand?
  2. have you call dept of fair trading?
  3. I'm no expert but id try going in with contract in hand & speaking to the manager, tell him its been long enough & if it isn't resolved you will take it to consumer affairs, or you will be calling brand manufacturer direct,
    • Agree Agree x 1
  4. That will be one of my next moves... Guess I'm more curious of the potential outcomes, do I get to keep the bike and not have to pay as they breached the contract, do they take the bike back and refund me (not really in my favour), what do I get out of this contractual issue?
    • Funny Funny x 1
  5. or can I just send them an invoice for my time at my standard hourly rate?
  6. Not going to happen. I'd say as long as they can say they are trying to get hold of one, they haven't actually breached the contract per se. As long as they do get you one and fit it within a reasonable time frame (and that's where the issue is really, irritating as it is). Look I'd suggest just go in and speak to them and make your displeasure known - most shops want to keep long term customers for service and retail purposes as well. And maybe contact Honda head office too to express disappointment etc. Another member here got a Kawa problem miraculously fixed after a long wait when he did this a week or so ago, so may work for you too.

    Good luck.
    • Like Like x 1
  7. I think they have had it in their possession for a month and a half.

    A major problem is this dealer has now closed their motorcycle side of the business but maintained their car dealership.

    I will be requesting further compensation for being dealt with in this manor.
  8. Show them you are serious, return the bike and tell them you want your money back. Buy the same bike from a different dealer.
  9. Ah that's a bugger, and I wasn't aware they had your bike all this time, thought you were out there enjoying it while they were looking for a tank. Good luck!
  10. Have you taken delivery of the bike?
    If not rescind the contract and buy elsewhere.

    If you had taken delivery and then returned to have the new tank fitted, I see no reason you can't ride it while waiting for the correct part to arrive. It's not leaking...

    You seem to just want to get something for nothing, and I'm afraid you will be disappointed. The best you can hope for is to get the new tank filled when they fit it assuming you have already taken delivery.
    • Agree Agree x 1
  11. Hi Tweet,

    I took delivery of the bike after waiting a month when they delivered the wrong tank. They then reordered but this was beginning of November and was subsequently advised this would be resolved before Christmas. Being February, I am pissed off and want something as compensation as well as looking into my legal rights. Yes I want something for being fcuked around by them for several months.

    If I broke the contract they would take the bike, what happens when they break the written contract. Since no timeframe was mentioned in the contract it would then be assumed as a reasonable timeframe to supply and install the tank (lawyer advised me this) which in my opinion is not 2.5 months. I could have ordered the tank myself and had it installed before Christmas. So therefore, they would be deemed to breach the contract by failure to complete the contractual requirements in a reasonable timeframe. What happens to them under the law?
  12. The bike is fit to ride, you are not disadvantaged by not having the new tank fitted. You subsequently will be pushing a steaming turd up the steepest of hills to get anything compensatory. How have you been fcuked around if the bike is rideable?

    If the order for the correct tank was placed and the supplier sent them wrong part, that is outside the control of the dealer and therefore would not count against them. Similarly if the supplier (Honda) have no stock of the correct tank the dealer cannot be held to liable.

    For compensation you must have suffered loss of some kind. Thus far i am not seeing that.
  13. Not my bike, the correct tank. I am enjoying the bike very much.

    They just keep avoiding installing it? I'm thinking another alternative is to visit them, request the tank to be handed over along with letter/details so I can have another workshop install it at their cost?
  14. So if you didn't get what was agreed to in a written contract (say you bought a car with torn seats promised to be replaced) you'd be happy to live with that?

    As stated before, I believe they have the tank at the dealership and have had it there for a month but refuse to arrange a time to install. This is being fcuked around.

    Would it be the same if I decided to not pay them for the bike until 2020? They are just putting it off and off. If I did that with my end of the contract they would take the bike. Yet they can do what they like in breach of a written contract? How is this fair to any consumer?
  15. Mate I'm afraid I agree with TWEETTWEET - although its irritating as fcuk and no doubt you feel aggrieved about it, I don't think you're going to get any compensation out of this because the dealer hasn't reneged on the deal as yet. The world is not always a fair place and shit happens - this just goes into that category. The best you can do is relax and try get it sorted - as you've noted you're enjoying the bike, and the new tank will happen at some (hopefully soon) point.

    Different story if they suddenly don't want to do it anymore.

    You could always try fair trading or similar, but I think personally you'd be wasting a lot of your time and effort.
  16. That's what I figured... Contracts are one sided. I think I'll add my own clauses in the future.
    Just contacting Honda Australia to open an investigation as to why it has taken 3 months to deliver since originally ordered.
  17. What gives rise to your belief they have the correct tank at the dealership?
    Do you have any evidence to support that theory? I'll confidently guess not. ...

    If they have it, I would believe it is easier to just fit it and make you go away as opposed to have you chasing them all the time.

    Unless you can reasonably prove that they have the correct tank yet refuse to fit it in reasonable time or they refuse to do it at all then there is no breach of contract.

    I'll offer that you would be best served with a lesson in contract law before spruiking they have breached the contract.

    Further, I have no doubt there will be terms that apply stating the dealer will not be in breach for failure to deliver due to circumstances outside their reasonable control.

    Ask Honda if they have received an order and dispatched the tank... Get that in writing from Honda (good luck) and you may have something tantamount to breach.

    Your biggest mistake was taking delivery whilst the damaged tank was on the bike. You would be amazed how fast things happen when the dealer can't settle the deal due to a minor issue being outstanding. A lesson for you next time.
    • Agree Agree x 3
  18. Ok, I have an update. The principal told me last month they have the tank. Now the principal is saying it hasn't been delivered (mixed messages much?).

    That's why I posted here. What is the law with regard to reasonable timeframe to complete their end of the contract. I started my end of the contract by paying them for the last 3 months but they have yet to undertake their end of the deal. Again, I'm looking for advice. The advice may be that we as consumers just have to suck it and deal with whatever the dealers want to do.

    Honda is now investigating why it has taken so long and more importantly, where the tank is.

    Once this gets resolved, hopefully it will be a reasonable outcome. Either way, no one has ever bothered to contact me to tell me what is going on and I would never recommend this dealer. Once Honda provides a response, I'll know whether it's a Honda thing or a dealer thing (it's already turning me off Honda). Either way, I'm not the one at fault. I'm just trying to find out why consumers are not protected against this type of treatment and if consumers are protected, I'd really like to know what can be done (hence the post).

    Obviously being my first bike I wanted it sooner (yes, mistake) rather than later and after waiting a month for them to bugger me about once and get nowhere (wrong tank) I figured I should get some practice in so I can do my MOST at some stage in the next year. Imagine if I was still waiting?

    Hence why I am annoyed, pissed off and very frustrated with my treatment from the dealer and their associates.
  19. Which dealer?
  20. A reasonable time frame would be a measure of time that a person of ordinary prudence considers reasonable in the circumstances.

    Is it reasonable to expect them to fit it ASAP if in their possession? Yes it is.

    If it took a few days to book you in that should satisfy reasonable depending upon how long the job takes (LAMS BIKE not long)

    Is it reasonable to expect them to fit a tank ASAP if they don't have it by virtue of no stock with supplier or being supplied with the wrong part? Clearly not.

    You can always suggest you can source the tank and be reimbursed, then get it offshore if anyone has it in stock. They don't have to agree, but may if they want to expedite completion of the issue.