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Rejecting a bike under sale of goods act??


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PeteBoo

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Hi, Has anyone rejected there bike under the sale of goods act as being unfit for purpose due to very poor fueling making the bike hard / dangerous to ride.
 
PeteBoo said:
Hi, Has anyone rejected there bike under the sale of goods act as being unfit for purpose due to very poor fueling making the bike hard / dangerous to ride.
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You'd need to elaborate on that. The 'fit for purpose' conditional issue is fraught with complications associated with interpretation.

You'd need to return the bike to the seller and have them concur and confirm your contention. You'd then be obliged to have them consider how to address the contention. Can the issue be remediated or not. If it's a simple fix then you would be expected to accept the fix and move on. If it's something more fundamental, then you will require a specialist third party to provide an evidence based conclusion that demonstrates a clear and present issue .. if it's a safety thing, this is somewhat easier to sort. However, embarking on the return of items malarkey under the sale of goods act is not for the faint hearted and the terms minefield and bear trap spring to mind. The dealer is far more likely to support your contention if approached properly ... they generally have far greater sway and have likely been in the position before.
 
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If the bike is unrideable, then either the dealer would fix, or you should get a replacement.
Are you unhappy with the MT09 fuelling generally, or is your bike a one off and has a real problem?
I dont know anyone who has ever returned the MT, if its broken it would be fixed under warranty.
I did have a mate who had a Mazda RX8 many years ago, which he did return under the sale of goods act, but that brake down 3 or 4 times in the 1st month of ownership, then the engine blew up. Obviously, his car wasnt fit for purpose
 
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Excellent. It does indeed. If you're not happy give em hell. Glad to hear that you've sorted it. What are you going to buy now?
 
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