Problems with a new bike

Buying from a dealer should ensure you have the maximum protection of the law if something goes wrong, although this is not guaranteed.  When a problem arises dealers will often reject any claims on the basis that they anticipate you will not know your rights..

The Law implies a number of terms into any contract for a sale of goods, so when you buy a new motorcycle it must:

• Match its description

Words which are merely useful information or advertising slogans (e.g “super value for money” or “the bargain of the year”) are not descriptions. The motorcycle must meet the description in a brochure, advertisement, or given to you by a sales representative (though verbal sales patter can be very hard be harder to prove.)  You need to be able to show that a description was given and that you relied on it.

• Be fit for its purpose

This includes any purpose you have specifically indicated to the seller, for example “I want to ride this bike off-road.” If you wanted something to tour the Alps on and you were sold a moped you might have a claim, however there would then be an argument that you should not have been so stupid as to leave the shop with a moped.

• Be of satisfactory quality

The motorcycle must be of a reasonable standard. In deciding whether or not the motorcycle does meet this standard the following are some of the factors taken into account:

• How it was described

This overlaps with the basic requirement to match it's description. 

• The price you paid for it

The more you spend the better the bike you are supposed to get.   

• The appearance and finish

You should inspect the motorcycle before you take it away or accept delivery.  Once you have accepted it they will argue that you have accepted it in the condition it is in.  Even if you did not inspect it at the time you can still argue the point, but it will be harder to prove. 

• Durability

Your motorcycle is not supposed to fall apart within the first 6 months, honest. 

• Safety

If the motorcycle was unsafe you may have additional rights.  You do not need to be injured by the goods to show that they were unsafe.  Bring the faults to the attention of your local Trading Standards department and they willa dvise you further.

In deciding whether a product is safe, it will be necessary to consider:

• How the product is used/intended to be used -When used for it’s normal or for a “reasonably foreseeable” purpose, there should be minimal risks to the person using it
• The nature of the motorcycle-Okay, so we know that there is a little bit of an inherent danger in a motorbike, given that it usually goes pretty fast and only has two wheels… that’s what makes it so good, right? But a chain which sticks or a cut out switch which does not cut out is bad news.
• The type of person who is at risk from using the product
• The effect that product may have on other products it may be used with
• The requirements of the General Product Safety Regulations 2005

British Standards

Some products are covered by a British Standard (for example, your bike helmet.) These describe how the products should be made. If the goods have been made to a British Standard they will be marked with a BS number. They may also have the kite mark, which means they have been tested by the British Standards Institution. If you have a problem with a product with a kite mark, and you are unable to resolve matters with the dealer or manufacture, you may wish to consider reporting it to the British Standards Institution. You can call them on 020 8996 9000. For a fee, they will test the goods, and if they consider that you have grounds for complaint, will take the matter up with the manufacturer for you.

If you are having problems with a motorcycle that you have bought then please contact us to discuss the matter.

Don't be someone else's learning curve. Call our 24 hour help hotline on 0800 783 6191 for clear, expert legal help or e-mail us at contact@whitedalton.co.uk

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