# Regulatory Compliance Category > Consumer Protection Act Forum >  Brand new motorcycle - Faulty

## wayne_s

Hi All  :Wave: 

I'm new here and looking for some advice.

So I bought a new motorcycle from a dealer (financed through a bank).
Collected it yesterday and on the ride home from the dealer it broke, I suspect something badly wrong inside the engine.
The dealer came to collect it (and me) from the side of the road and now it is in the dealers workshop. I have been trying to contact the dealership owner, but he is on leave till Wednesday.

Questions: (1) Is it reasonable for me to ask for a replacement?

If it is the engine (of which I am pretty certain), then I don't want them to be pulling a brand new engine apart, because it will cease to be new.

(2) Who would be liable for any costs related to the finance (initiation fee, admin costs, etc), as this would be a different bike and the paperwork will need to be redone?


As I said earlier, I have not yet spoken to the dealership owner, he might offer me a replacement, cover any costs, and then claim from his supplier (perhaps unlikely).

I just need to know where I stand before I speak to him.

Any advice would be greatly appreciated!

Many thanks,
Wayne

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## Justloadit

Hi Wayne,

Welcome.
You raise some valid points, all perfectly acceptable.
I suggest you contact your financial institution in the meantime, as they will have experience in this area.

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Dave A (17-Jan-12), wayne_s (17-Jan-12)

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## wayne_s

Hi Justloadit,

Great, I spoke the finance company and they said I should contact the dealer asking for a replacement, if he agrees then the dealership will sort out the replacement with the finance company.

But, if the dealer does not agree to replace, then I can lodge a complaint with the finance company and they will contact the dealer. (since the bike is technically owned by the bank, they would be looking after their own interests).

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## Jarred Welby-Cooke

Hi Wayne,

As far as dealers are concerned they are usually full of nonsense when it comes to replacement, they will want to repair the bike as now that its registered it is no longer new and therefore can only be resold as 2nd hand.

I would give then the benefit of the doubt to try assist you but do not back down on wanting a replacement!
They will push to rather repair the bike but that will leave you without transport for a while and lets face it, will never be the new bike you paid for.

If they are not coming to the party dont hesitate to contact the Omboets Man who will assist you.

Hope this helps.

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## wayne_s

Hi JWC,

Solid advice, thank you.

I'm generally pretty easy going, but I've paid a lot of money for a NEW bike! I will insist on a replacement or a full refund and buy from a different dealer (both options provided for in the CPA and it is my choice which one I want).

Will call the dealership owner tomorrow.

Cheers
Wayne

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## Just Gone

Wayne - I would expect nothing less than a replacement ! Especially that it broke on the way HOME from picking it up.  On a slightly different not - what make bike is it ?  I hope that it is not a chinese import, I have had a lot of experience with them with quad bikes and can tell you straight out that if it is, they are not normally a good buy and will give you endless hassles and more hassles with spare parts.  I am not trying to put you off, but it is your choice, especially that you are at this stage at the moment that it has broken.  Think hard - if it is a chinese import.

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## wayne_s

Hi Guys, 

Kevin - I did a lot of research over the last few months before I decided which bike to buy. In terms of price vs reliability vs value for money, I bought a Honda XR650L, legendry reliability apparently, hey don't laugh!  :Roll Eyes (Sarcastic): 

I am getting the feeling that he is going to take the bike in for warantee repairs and try get me to take a repaired bike. 

My best cause of action would probably to walk away from the bike and demand a refund. In a way I'm lucky its financed so I have the bank to assist me with this.
Will call the bank in the morning and tell them what happened and that I am pulling out of the deal. Only issue I might run into is getting my R20k deposit back from the dealer??

Cool, thats the plan for tomorrow, wish me luck.

Cheers
Wayne

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## Just Gone

Good Luck Wayne - Nice bike - I am an offroad person myself. But that is a big bike to go offroad with so be carefull when you do go.
Honda is a good make so I wouldnt take any crap from the dealer.  Hopefully he is reputable and is reasonable, but really if he gives you hassles you should demand your money back and go to the newspapers.  I would threaten him that if he did not come to the party I would expose him on all the bike and quad forums, and there are lots of them.  That would certainly put a damper on a few sales for him.  Its not fair to name him at this stage, but what area is he in ??

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## wayne_s

Ok, the dealer got one of his guys to drop the bike off at Honda Sandton, where they will do an assesment to see what went wrong.

Very professional, the guy told me exactly what they going to do, even some technical manager from head office will have a look. They assured me this was a preliminary check and they wouldn't touch the engine or repair anything, just call me with their findings, expecting a call tomorrow.

So far so good, in the meantime I have contacted the bank to find out about refunds as this will be the next step if Honda don't replace the bike and I will buy another one from an authorized dealer.

wrt naming the dealer who sold me the bike, I'll do that when all is resolved, for better or worse.

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## Dave A

I've been thinking about this for a while now. Ultimately just what has gone wrong is significant when coming to a decision. 

For example, if it's something peripheral like a faulty sensor, coil pack - replace and be done.
If it's something significant like it siezed, someone forget to put in coolant, or oil - well in that case insisting on a full replacement makes a lot of sense.

It's certainly going to be interesting to hear how this one pans out.

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## Just Gone

Good for you Wayne - sounds like the problem is on the right track.  But whatever they say caused the problem, the fact remains that you picked up the bike and rode it home, and on the way home it packed up - now if this is the case, then they should have made sure there was oil etc in the bike for you to get home.  If it is another problem then that is their responsibility anyway and you should accept nothing less than a new bike if it has affected the engine.  If it is a samll thing that perhaps just made the bike cut out then that is another story.  Good luck - keep us updated.

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## Justloadit

And during this time, while the problem is being identified, what are you using as transport?

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## wayne_s

I am lucky enough to have a car, the bike is for fun  :Smile: 

So thing are not going well.

Honda SA says they are not prepared to help me out at all, since I didn't buy it from an authorized dealer, fair enough, but still thanks for nothing.

The dealer I bought it from not answering his phone, no surprises, he is quite happy for Honda to do the warrentee repairs and see the back of me.

The bank says I can cancel the contract and get a refund from the dealer, however the dealer can charge me admin costs for the sales and since he has to sell the bike second-hand that loss aswell, no limits. I asked the guy at the bank R5k? yep R10k? yep, whatever he wants. Plus I will never get my R20k I paid into his bank as deposit.

So now what?

Phoned the NCC (they enforce the CPA), they said to send them an email with the complaint and some supporting documents, so that's what I am doing.
NCC says it can take a month to resolve, time I have, all I want is what I paid for:* A new bike free from defects.*

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## Justloadit

So how can an unauthorized dealer be selling a new bike from Honda?

Hmmm seems Hellopeter will be quite damaging, both to the Honda and the company that sold the bike.

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## wayne_s

Just come into some more information regarding the origins of the bike.

Does anyone have any contact details for a lawyer? PM me

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## Just Gone

Its now time to name and shame the dealer !  Its time to join Quadtorque, bikeforum etc etc and tell everyone your saga and its time to tell the dealer that you are going to do it and tell him that it is going to damage sales for him.  Too many people out there including bike dealers think they can just do a sale and think that they dont have to have backup service including looking after a customer that a bike has broken on.

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## wayne_s

> Its now time to name and shame the dealer !  Its time to join Quadtorque, bikeforum etc etc and tell everyone your saga and its time to tell the dealer that you are going to do it and tell him that it is going to damage sales for him.  Too many people out there including bike dealers think they can just do a sale and think that they dont have to have backup service including looking after a customer that a bike has broken on.


Hi Kevin,

I understand what you are saying, not going to name and shame yet, need to speak to a lawyer. (not being dramatic, it's quite serious claims).

I have been posting here http://www.wilddog.za.net/forum/index.php?topic=88517.0 one of the biggest bike forums.

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## Dave A

Nice thread going there (and looks like a great site too).




> The story is that the bike was bought from a Honda dealer in Bloemfontein by some guy who exports bikes into Africa, however he didn't export this bike but sold it to the guy who in turn sold it to me, ROTTEN!


 :Hmmm:  That does sound a bit dodge - I wonder if someone is up to tricks with VAT somewhere in that sequence.

However, I don't see it affecting the "chain of supply" provisions of the CPA. The entire chain of supply is on the hook and it's up to them to wriggle their way off it.

If Honda SA manages to wriggle off the hook, I want to know who their lawyer was. I might need him or her one day  :Roll Eyes (Sarcastic):

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