I purchased a brand new KTM 1290 Super Adventure S a few months ago. It is my first ‘new bike’ and I love it. I love the look of the bike, the TFT screen, the handling, and the fact it can out-accelerate a lot of sportsbikes.
I grew up with sportsbikes but as I have gotten older, I prefer the sit-up-and-beg position. This truly is the best of both worlds: 160 horses, which is plenty for the road, and I can ride it all day long.
Then the problems began, initially the TFT screen failed in the first month. Then the switch on the heated grips failed. I cannot connect my Bluetooth headset on a Tuesday or Thursday; it is annoyingly comical. The dealer has been amazing, booking the bike in and fixing the faults within a day or two. Recently, the heated seat failed and needs a new connector.
My mates keep telling me to reject the bike. I am in two minds as to whether I reject it or keep it and let the dealer keep repairing it. I do love the bike but these constant issues are taking the shine off buying my first ‘new’ one. I don’t actually know the law so need some input on how to best approach the problems I face.
A faulty KTM? It used to be the norm but the build quality is much improved. It is a shame you’re having such problems with yours. I have ridden a 1290 Super Adventure S and I know why you are so smitten with it. Let’s deal with the cold, hard law first. Under the Consumer Rights Act 2015 you have the absolute right to reject within the first 30 days. That doesn’t mean you can reject a bike because you don’t like the colour of it – it means you can reject if a fault occurs. You don’t have to allow the dealer to remedy it. You can simply reject
the machine and get a full refund within the first 30 days. Stop using the bike if you want to exercise your right to a rejection. You cannot keep riding it and putting the mileage up but at the same time send the dealer an email telling them you are rejecting the machine. The best thing to do is to return the bike to the dealership, hand back the key and enjoy a free coffee while they process your full refund.
You can extend the initial rejection period by agreement. Don’t forget that the dealer is measured by number of units sold. Having bikes come back into the showroom is bad for business – they need to he going out of the showroom! The dealer might agree to extend the initial 30 days if a fault occurred and you don’t want to immediately reject the machine. However, get it in writing. Don’t rely on a verbal phone call.
In your case, you are outside the 30 days but well within the six-month period. That is to say, you can still reject outside 30 days but within six months based on a fault with the machine. You need to allow the dealer an opportunity to fix the machine first. If they have done that and it has not resolved the fault then you can look to reject the machine. The law is on your side in as much as the fault is regarded as having been present at the time of manufacture (which isn’t the case if you try and reject the machine after six months: the burden would be on you to prove that to be the case).
However, be aware that the dealer can reduce the amount to be refunded to you to take into account the mileage and age of the machine. Weirdly, that should be nothing in this day and age as Covid supply chain shortages and chip shortages have reduced the number of new bikes coming into the UK and have pushed second-hand prices up. You might find you can get what you paid for it or a little more if you sell privately.
You also need to know what you are going fo do next. I heard that all BMW motorcycles from May 2022 are losing their LED lights. This is due to the chip shortages in the world. Does this mean older models are more desirable? Potentially, you might want to keep the KTM and get an extended warranty thrown in, especially if new machines are going back to halogen lights. You have options available – if you love the machine then keep it but get some money back and/or a warranty,
Fast Bikes June 2022