In March 2021 I took the motorbike to my local dealer (as the dealer I bought it from is miles away) for a safety recall. I also started a warranty claim on the frame because of the rust and corrosion that had occurred, especially around the welds.
At that point I had only done about 4000 miles on the bloomin’ thing. Having repeatedly called the warranty people since, and provided copious amounts of photographs of the bike, the warranty people have come back and stated: ‘Based on their investigation, our technical department have concluded that the repair is not a manufacturing defect/warrantable repair as it has been caused by external influences such as road salt, lack of cleaning, or aggressive cleaning products containing high levels of chlorine, environmental conditions, etc.’
What should I do next? My local dealer, despite being a main agent, politely said it’s not their issue and they can’t help any further. I must admit I lost my rag with them. I was not a happy bunny to say the least with being fobbed off. Surely they have to help me as they are an approved manufacturer dealer? Basically, I want a new frame. Lastly, I am now worrying about riding it as I am unsure on the safety of the welds due to the rust, etc. What should I do about that?
Firstly, whilst I get you are not happy (I wouldn’t be either) it’s not your local dealer’s fault as they didn’t sell you the bike (see below).
Regarding your legal issue, I would need to know a lot more information before I could give definitive advice. Broadly speaking, under the Consumer Rights Act 2015, the buyer may have a legal right to reject goods that are of ‘unsatisfactory quality’ or ‘unfit for purpose’ or ‘not as described’ and get a full refund.
If the ‘warranty’ isn’t worth the paper it’s written on, you may have no choice but to aim your sights at the dealer who sold you the bike because that is who the sale contract was with. If they have sold you a bike that is ‘unfit for purpose’ and/or of ‘unsatisfactory quality’, i.e., because it has rusted/corroded, you may well have a cause of action against them.
If you can’t get your new frame and do have ultimately to issue Court proceedings, you may well need expert evidence to say the ‘external influences… such as road salt, lack of cleaning, or aggressive cleaning products containing high levels of chlorine, environmental conditions, etc.’ were not the cause of the rust/corrosion, but because of a faulty bike being sold by the dealer in the first place. Regarding the safety point, I suggest you get it checked by a motorbike mechanic/engineer, etc., for an opinion as to whether it is safe or not before you ride it.
More Bikes June 2021