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VIC Warranty or lack of

Discussion in 'Politics, Laws, Government & Insurance' started by Hawkeye, Sep 24, 2010.

  1. (VIC) Warranty or lack of, when buying a used motorcycle!

    I was surprised to find out that when you buy a used motorbike from a licensed motor trader in Victoria that you don't get the statutory 3 month/5,000 Km warranty that you get when you buy a used car so I emailed my MP to find out why and here are the details of my query and her answer that I received today:

    If I buy a used car from a licensed motor car trader I can get a
    three-month/5,000 kilometre statutory warranty but if I buy a motorcycle from a licensed motor car trader the warranty does not apply.

    Why have motorcycles not been included in this legislation and how do we
    get this changed as it is unfair on motorcyclists?

    While motorcycles are not covered by statutory warranty under the MCTA, all
    Licenced Motor Car traders are required to display a prescribed form (Form 7) that clearly states a motorcycle is not covered by statutory warranty.

    Motorcycles are not the only type of vehicles excluded from statutory
    warranty under the MCTA. Consumers who buy motorcycles are covered by Part 2A (implied terms and conditions) of the Fair Trading Act 1999 that requires goods to be of merchantable quality and fit for purpose.

    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 lets see what 1st January 2011 brings and see if bikers can get a fairer deal! (y)
  2. Yeah i negotiated with my dealer when i bought my bike from him, as he had the form for me to sign and pointed out no warranty. I said look im buying a bike that ive ridden for 5 minutes from a bike dealership, i want at least 14 days warranty if something fails. Did a new contract up and good thing too, had a radiator leak and they replaced the radiator for me (new price, $800.)
  3. Some of the dealers in Vic give a 3 month/5,000 Km warranty and others don't but we should all do what you did and get something from them as we are spending a large amount of dosh!

    If a dealer doesn't give you some kind of warranty, walk away and I'm sure there will be another dealer who will give you cover to get the sale.
    • Like Like x 1
  4. We can thank Jeff Kennett and his mob for this. They also restricted warranties to used cars that are under a certain value or age and kays travelled. (I forget specifics).

    So, if I'm in the market for a used bike I don't bother with dealers as there is no benefit, particularly if there is no warranty, or if they do have one, it's so onerous as to be worthless.
  5. way to not answer the question...
  6. Sorta answers here liley...
    Mine i probably could have argued that the leaking radiator meant it wasnt fit for purpose... but then you have to ask how would you argue as such? Court? Over an $800 radiator? (still glad i didnt have to pay it :p).
  7. Rest assured this has nothing to do with Jeff Kennett you silly child.

    I've been in the motorcycle industry for 25 years and there has NEVER been ANY warranty expressed or implied on used motorcycles sold by dealers in Victoria in that time.

    They have always been classed as RECREATIONAL vehicles and (like many others including farm and construction equipment) are therefore exempt.
  8. That is ****ing bullshit MalTravieso. You just haven't been ****ed over in court yet.

    I can assure you that if you present a bike to be reliable in its price, the way it is presented (nice and shiny, dollied up like the usual wanker stealerships do) and described by the knuckle dragging salesman, to be a reliable vehicle, you will be bound to sell a bike that accords with that description.

    These are implied warranties, by both the trades practices act and common law.

    If the bike is a piece of shit you will end up footing the bill.
  9. yes, but cars would be covered by that also, AND they get a dealership warranty.

    Still, she doesn't answer the question about why bikes don't get warranties, just that they don't (which hawkeye already knew since he asked) and that some piece of legistlation might work for you if you get lucky but also get screwed.
  10. All the bikes I've bought 2nd hand from a dealer all have come with 3months/5000 warranty .
  11. I know this is an old thread but what ended up happening?probably better to resurect an old thread than start a new one.

    I brought a bike from the dealer and valves completely closed up within 800km. If it ends up needing a rebuild im willing to look into pulling legal terms on the dealer if its considered unfit for purpose or something. I asked if they inspected the valves in it before i brought it and they said they did. And it went from running like a watch to not starting and 0 clearance on the intake valves in less than 800km. With no hard or dusty off road use. The bike is a drz400e. Only has 4650km on it so practically new. An independent mechanic quoted $1600-$2000 for a rebuild. Mainly since the coating on the valves is probably gone since they closed up so quickly.