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NSW warranty with shop potentially not being honoured?

Discussion in 'Politics, Laws, Government & Insurance' started by kursed, Jun 14, 2007.

  1. Can anyone tell me if I have any rights here?

    When I recently bought my bike from a syd dealer (second hand 99 model) I was told by both salesman and the gen manager that the bike came with a 3month or 3000kms warranty. Now the bikes altenator died last week so I have the service dept. fitting a new one - after being told by several staff there that it was under warranty. the sales manager called me yesterday and said no you don't have any warranty, you only have 3month/3000kms if you bought a bike thats less than 5yrs old and under 40,000kms. They are still going to fix the bike for free but man, I am pretty annoyed that after being told the warranty was a part of the deal when buying (one of the main reasons I bought from a dealer) that it is now being renegged upon. Of course now that I read the sale docs it doesnt have it on there -- my bad there, I was told it does come with it from so many sources that I didnt think to check it!

    What can I do?
  2. Be more careful in future :?

    My experience (as little as I have) tells me that they'll tell you what you want to hear to get you on the bike, and in actuality, that may not be how it goes.

    A mate of mine bought a 92 CBR250RR and a month and a half later the head gasket blows, then a further 5 weeks later and 690 bucks down the drain, it's back on the road. When he questioned about a warranty, they just said that there are warranties available, but if you didnt take it at the point of sale, it's not there to be used. He was never even made aware that there wasn't a warranty and that he could buy one.

    Long story short: Read every little word on the sales documentation before you pay for it.
  3. Was it an unconditional all moving parts warranty? And did the sales rep / manager give you that warranty in writing or a verbal contract / undertaking condition of purchase?

    in both cases if you are within your 30day 3000Km provision take it up with the manager. Stating the facts simply

    Condition of purchase was Xmonths-days X kilometers
    you signed and bought the motorcycle with that warranty.
    Hand him the bill from the service department. Walk away!
  4. You said they're still fixing it for free... where's the problem? Nothing else is likely to go wrong inside 30 days, and this was covered, albeit a bit grudgingly.
    • Like Like x 1
  5. the problem Bravus is that while they are fixing it now, I may not have the cover for the remainder of the 3 month period / 3000kms duration.
    I only bought the bloody bike 2 weeks ago, so i wanted the cover for when sh!t like this happens.

    I am going in there tonight for a mech training course that came with the bike, so i will ask a few questions then.
  6. i thought all used cars from a dealer had to have at least 3 month warranty, are bikes different?
  7. Please note, folks, that while this is in NSW, the laws for used vehicles varies from state to state.

    I can only comment on Victoria where Kennett changed the laws back in 96. Previously, all used vehicles had to be sold with some sort of warranty. Now, it's only applicable to cars under 10 years old and bikes that still have a manufacturer's warranty. ie. all used bikes outside of new bike warranty can be sold without a warranty.

    For that very reason I choose to shop in the private market, rather than purchase from a dealer. For the extra bucks you get zip. It's all profit to the dealer.
  8. Cars also have a limit, ten years and 160,000kms

    Second-hand motorcycles (capable of being registered in New South Wales, that have travelled less than 30000kms, and are less than 5 years old at the time of sale) are covered by a Statutory Warranty of 3000kms or 3 months after sale (whichever occurs first).


    Be a great sales tool to get the shop to honour one though on older bikes.

    All the best with getting it extended Kursed to cover you for next two and a hlaf months
  9. I was given a form 3 with "3000 klm/ 3months (whichever comes first)" tick box ticked under WARRANTY on a bike older then 5 years in NSW. Would this be irrefutable in aclaim??
  10. [​IMG]

    You do realize you are posting in a 6 year old thread?
    • Like Like x 3
  11. Was it Groucho Marx that said " A verbal contract isn't worth the paper it is written on " ?
  12. Nah, I think it was Rennsport?:)
  13. I do now.....