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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3618
Experience:  Director and Principal Solicitor. UK
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I have a sale of good dispute. I bought a new kawasaki

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I have a sale of good dispute. I bought a new kawasaki 1400cc motorcycle in Oct 17. It's been on two long road trips, 1 in May 18 2nd in septemer 19 the only times it's been left out in the open, the rest of the time garaged. The bike has a 4 year extended warranty. Each time it's come back there are chips in the fuel tank paint, 1st trip to scotland 13 chips, the 2nd trip 3.500 miles round europe 56 chips. The fault in the piant work matches the discription of blistering by common defects in vehicle paint searched in paint manufacturers sites. I've been 4 times to the dealers for inspections and photos, it's a 40+ roundtrip each time. The dealer now wants to take the tank off and send it to Kawasaki in london. They want to keep my bike for an estimated 2 week at there workshop. I want to short cut this affair and take legal action to resolve the matter. 1) I'm not happy with the latest request for several reasons. 2) I think I'm on safe ground saying "You've 2 weeks to replace the fuel tank with an identical item with no cost to myself, or I'll replace it and sue for the costs involved.
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Norfolk.UK
JA: What steps have you taken so far?
Customer: Only today did they ask for me to go back again to the dealer for the fuel tank to be removed and sent to Kawasaki London for them to look at. So I've only been dealing with the main dealership. I told them I think I short cut all the dithering and take a legal stance to resolve the issue
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi thank you for your enquiry and your patience. I am reviewing the information now

The statute applicable to you if you bought it as an individual and not on behalf of a company is the Consumer Rights Act 2015. Now within the first 30 days you have the short term right to reject; within the first 6 months the trader has the burden of proving the motorcycle was sold without defects and after the first 6 months from date of purchase the burden shifts to you to prove that it was defective when you bought it. Considering you purchased it in 2017 we are in that stage where you would have the burden of proving their liability. Now on discovering a defect you have a right as consumer to request a repair or a replacement. You appear to have selected the repair option. They have been trying to investigate and to repair for more than the 2 turns expected under the statute and therefore you could exercise your final right of rejection. Now your problem where you decide to exercise that right two years on is that the trader is allowed to deduct reasonable sum for usage. Ultimately therefore whether you allow them to attempt one last go at repairing by replacing the tank will depend on what they would offer you at this stage if they were to take it back and refund what you paid less usage. You could alternatively offer to get it repaired and for them to reimburse the cost, however you would only do this if they admit that the tank was defective and the only issue was with who and when to repair. you would be mitigating your loss by getting it repaired so you do not have to hire alternative transport whenever the bike has issues and you could use this to justify getting it done yourself quicker. I hope this helps. I would be grateful for your rating at your earliest convenience. All the best

Customer: replied 6 months ago.
There has been no attempt to repair by Kawasaki the dealer has only sent photos to someone in london whos opinion is from the photos is physical damage. Doesn't my paid for extended warranty have any bearing on this issue.

If the defect is covered by warranty then the warranty should pick it up however having a warranty does not prevent you from exercising your final right to reject if the trader is neither repairing or replacing the bike.

Customer: replied 6 months ago.
Thank you

No problem at all. If it is not too much trouble please kindly rate my assistance by clicking on the row of stars at the top on your screen as that is the only feedback the JA system can pick up to acknowledge.

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