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SA Warranty

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by YamahaR1, Sep 16, 2015.

  1. As I mentioned, just bought my R1 from a bike shop. No warranty but needs fuel sender replaced ( ran out of fuel while riding) and fork seals leak
    Fluid onto my disc rotor.. From what I can find out these should be fixed without cost. Does anyone have some more info..

  2. Consumer and Business Services – Used car

    Warranties Dealer’s warranty obligations (under the Second-hand Vehicle Dealers Act)
    Regardless of warranties, consumer guarantees under the Australian Consumer Law require a product to be of acceptable quality through its reasonable life. This length of time can be determined by the court. However, it may be longer than the warranty period, especially in the case of expensive products such as cars.

    Warranty on your car will depend on the sale price and other factors. The statutory warranty applies from the date of purchase.

    • Vehicles that cost between $3001 and $6000. They will be covered under warranty for the first 3000km travelled or two months, whichever occurs first.
    • Vehicles that cost over $6000. They will be covered under warranty for the first 5000km travelled or three months, whichever occurs first.
    If your car needs repairs carried out under the statutory warranty you must contact the trader before having the repairs done, otherwise your statutory warranty may become void and you will have to bear the costs.

    It is the dealer’s duty by law to fix certain defects, free of charge, when the vehicle is under warranty.

    The dealer may use suitable second-hand replacement parts, but must carry out repairs to accepted trade and industry standards. If you specifically want new parts fitted, you may have to pay the difference. However, you should not pay if the dealer cannot obtain suitable second-hand parts.

    Your warranty is extended by the amount of time the dealer keeps your vehicle for repairs. You may apply to the Commissioner for Consumer Affairs to extend the warranty period in certain cases where you did not have use of the vehicle due to a defect and where the delay in obtaining repairs was not your fault.

    In most cases, warranty (as detailed or listed on the Form 1) doesn’t apply to:

    • vehicles that are sold for $3000 or less
    • vehicles that have travelled over 200 000 kilometres before the sale
    • vehicles that were first registered more than 15 years ago
    • a vehicle that you have had in your possession for three months or more before the date of sale (for example, under lease)
    • accessories excluded by the dealer (as listed on the Form 1) defects which result from damage deliberately caused to the vehicle after sale
    • normal vehicle servicing defects arising from misuse or negligence after sale
    • defects apparent in the paintwork or upholstery at the time of sale defects arising from collision, impact or accident after sale
    • defects in the tyres (tyres must be road worthy at time of sale) or battery
    • defects not reported to the dealer within the warranty period
    • contracts when you waive the warranty.
    You should provide the dealer an opportunity to undertake warranty work on your car in the first instance. If you must have warranty work done elsewhere for road-safety or logistical reasons, seek the dealer’s approval and make arrangements with them about who should pay the repair costs. Obtain the dealer’s approval in writing.

    Waiving the warranty
    Under the Second-hand Vehicle Dealers Act you have the option to forgo the statutory warranty on your car in order to negotiate a better sale price. This option is called a ‘Waiver of Rights.’ To waive your warranty rights, you must sign an agreement (Schedule 6) and have the agreement witnessed by either a Justice of the Peace, a lawyer or an authorised bank manager. The dealer is not permitted to make it a condition of sale. It must be your choice.

    You should always have the vehicle checked out independently before you waive your warranty rights. The RAA, an MTA service centre or a qualified independent mechanic can provide this service.

    If you are unsure of the Waiver of Rights process, contact Consumer and Business Services on 131 882 for advice.
  3. Motorcycles are subject to the following in regards to used bike warranty: Taken from Fair Trading Website. Cars have different conditions.

    "The dealer guarantee for a registrable second-hand motor cycle which had driven for less than 30,000 km and was less than 5 years old when purchased, is limited to 3,000 km after purchase, or 3 months after purchase, whichever occurs first".

    If it had more than 30000km or was more than 5 years old, from memory there would be no warranty. However, I think defects should be noted on a sales contract. If the dealer has a reasonable reputation it may be worthwhile contacting them. I have worked at a number of dealerships and have seen a few cover items under "warranty" despite it being outside the above conditions, or a negotiation of a discounted repair. It's just good business.

    Best of luck mate.
    • Informative Informative x 1
  4. Thanks Jim, I will speak to the owner of the dealership. I appreciate the help. Cheers
  5. In QLD apparently there is no statuatory warranty on any motorcycle unless it is from the manufacturer. And a certain bike chain will reinforce that several times when you purchase a bike from them trying to get yoyu to sign up for a "Warranty" and that's when they pull all their trashed engine parts out of the bin and put em on the desk in front of you just before you sign on to buy a bike. I really wonder about the fairness in it all and how the Qld Motorcycle industry has got it so sweet . So your "Safety Certificate" or RWC actually means it's safe at the time it's been written out but your motor might hand grenade 5 km down the road and spit you over the bars ......Think about it ! If a warranty or an amount of kilometres that bike should be safe or "warranted" for relegislated in Qld then I guess you add $1000 to every second hand bike the minute that legislation is changed..............................
  6. goods purchased from a business must be of merchantable quality and fit for purpose, a registered bike with faulty brakes isnt either. Things bought at auction have No warranty. Consumer affairs is your friend.
    • Agree Agree x 1
  7. I dunno the rules in SA, but was it registered? If so, I would think that those things would not pass a legitimate roadworthy.

    if it wasn't then you may have trouble getting anything out of them
  8. If a roadworthy inspection was done, leaking fork seals would definitely get a downcheck here in Vic. I imagine similar would apply in SA. Point this out to the dealer, mentioning that you feel like maybe you should/could bring it to the attention of the state authority that oversees such matters, and he might be prepared to quietly rectify the problem.

    Good luck, hope you get it resolved.
  9. Having some issues with a dealer in S.A. where I purchased a 2nd hand bike in July.
    after a couple of days I told the bike shop that the bike was leaking fuel, they told me to keep an eye on it.....obviously it didn't get better.
    a couple of weeks in I was riding and the bike just shut down, it turned out that the fuel sender was stuffed..the light came on when the key was turned to accessories, but once out of fuel the light didn't come on. A few weeks after getting the bike I noticed fluid on my forks so I just kept wiping it and as it got worse I told the bike shop dealer who told me that it was ok to ride and they will get some seals in and fix it. (at my expense) he did say they would look after me regarding the price. it took them 3 weeks to get the seals in, the guy said that ive had the bike for a number of months and could have popped a wheelie dropping the front hard and wrecking one of the seals. They wont cover the sender unit or seals even though consumer affairs have said both these issues are consumer safety concerns and are definitely covered by the stat warranty. This is because the fork fluid was dripping onto the disc rotor and with a shot fuel sender there is no warning of low fuel so the bike will and did shut down in traffic. Spoke to manager......he wont cover it, next step is to write a letter stating what consumer affairs have said, then unfortunately if there is no satisfaction we are off to court.......
    I will keep you posted..
  10. Bugger! Good luck...