Gutted isnt the word! Annoyed!

You're trying to weakly link being an accountant to having greater knowledge of consumer law, nonsense I'm not going to cut and paste legislation, any fool can find the law on the internet, and what rights the consumer goods act affords them. The parliament link states this act, and indeed mentions the 6 month implied warranty several times.

you two, seriously.. http://www.smileyvault.com/albums/us...ce-popcorn.gif

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Originally Posted by Mitch9128

You're trying to weakly link being an accountant to having greater knowledge of consumer law, nonsense I'm not going to cut and paste legislation, any fool can find the law on the internet, and what rights the consumer goods act affords them. The parliament link states this act, and indeed mentions the 6 month implied warranty several times.

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No not at all - you stated a 6 month time limit which I dont think exists.

Their is so much incorrect information on the net and it's not helpful to anyone.

The point I was making is that very often people read legislation, misinterpret it, mis-quote it and it gets posted all over the net.

I'm not a legal expert and I'm more than happy to be proven wrong. :)

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Originally Posted by Goldie

you two, seriously.. http://www.smileyvault.com/albums/us...ce-popcorn.gif

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;D ;D

I'm getting bored now though.

We need a WB solicitor :)

Stubborn to the last, ok from the sale of goods act http://www.legislation.gov.uk/ukpga/1979/54

1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.
(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

This can and is translated by trading standards and consumer law as any faults which occur within 6 months of purchase are presumed to have been there at point of sale, unless the seller can prove otherwise.

Well done Maz, brilliant result!

If I can make one little suggestion though...

Agree in writing what needs to be repaired/replaced on the bike, and also agree a time frame and also that they will deliver the bike back to you FOC.

Im sure this dealer is 100% honourable ( ::)) but you don't want your bike back with them for 3 months and then find you have to collect the bike yourself and it's only been partially fixed.

Edited to add:

I would also photograph the bike from every possible angle, and photograph any existing damage. Write up any existing damage and get the dealer to sign it when he collects it, therefore if anything happens to the bike while it's back in their care, you have it documented.... Call me cynical, I can't help it sorry ;D

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Originally Posted by Mitch9128

Stubborn to the last, ok from the sale of goods act http://www.legislation.gov.uk/ukpga/1979/54

1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.
(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

This can and is translated by trading standards and consumer law as any faults which occur within 6 months of purchase are presumed to have been there at point of sale, unless the seller can prove otherwise.

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Thank you Mitch :)

That's good to know and I do appreciate you posting.

Told you I was VERY HAPPY to be proven wrong I am no legal expert. :)

Quote:

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Originally Posted by cerruti

Well done Maz, brilliant result!

If I can make one little suggestion though...

Agree in writing what needs to be repaired/replaced on the bike, and also agree a time frame and also that they will deliver the bike back to you FOC.

Im sure this dealer is 100% honourable ( ::)) but you don't want your bike back with them for 3 months and then find you have to collect the bike yourself and it's only been partially fixed.

Edited to add:

I would also photograph the bike from every possible angle, and photograph any existing damage. Write up any existing damage and get the dealer to sign it when he collects it, therefore if anything happens to the bike while it's back in their care, you have it documented.... Call me cynical, I can't help it sorry ;D

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I'll second that ...being cynical ;) :)

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Originally Posted by Nikki

[quote author=Mitch9128 link=1347285950/54#54 date=1347362368]Stubborn to the last, ok from the sale of goods act http://www.legislation.gov.uk/ukpga/1979/54

1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.
(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

This can and is translated by trading standards and consumer law as any faults which occur within 6 months of purchase are presumed to have been there at point of sale, unless the seller can prove otherwise.

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Thank you Mitch :)

That's good to know and I do appreciate you posting.

Told you I was VERY HAPPY to be proven wrong I am no legal expert. :)

[/quote]

Bloody glad I dont make my living selling second hand bikes though.

There are unscrupulous dealers out there, plenty who ignore the law, and will wriggle out of repairing a vehicle.

e.g.

I bought an Espace a couple of years back, the injectors started leaking, at first the dealer argued they were service items, and it was not until consumer direct were involved he took action. Dealer took it back several times to repair, but they still leaked, at the 6 month point he refunded our money, he wriggled at first, but came good in the end, thanks to consumer law.

Second issue, bought a Zafira last year, the dealer ( a large and well know VAG dealer in Cheltenham) is an utter swine, point blank refusing any responsibilities over issues, and pointing us at the 3rd party warranty he gave with the car. Luckily the warranty was good, but we are still out of pocket with excess' and higher hourly rate charges. Trading standards are currently trying to take out an injunction to stop him trading until all (there are many unhappy customers) issues are resolved.