Sadly we are yet to pass any lemon law. You may well have a case for ACL but as the dealer is making an attempt to recify the issue its going to be a toughie.
While this is true, consumer law says that an item must be fit for the purpose it was purchased.
Irrespective of any specific automotive lemon law I reckon ACL applies here. Given its a major engine issue the product does not meet its intended purpose. Whilst the dealer might be trying to fix it I'd be demanding a new bike or a refund after waiting this long on repeated attempted repairs on such a major issue for a brand new bike. Auto dealers don't like it but my father demanded and got a new car in similar circumstances. It was either gonna be that or a refund. But he also had a large fleet of the same vehicles that he used as leverage.
It would be far more costly and damaging to the brand if this story went out on mainstream media as opposed to replacing or refunding the bike
The mainstream media dont care......there is so much of it going on with motor vehicles currently, VW, Ford with their Power Shit trans, jeep, Mazda airbags, Harley recalls in USA but not Aust. Regardless would one isolated incident stop you buying a Harley......mine bought new is on its second compensator, gearbox out, injector loom dramas but i will rebuy the product.
You may have gathered from the ad (if you read all of it) that I am not expecting to sell it. I am just putting out there what a great piece of engineering this machine is.
They do have me worried a bit seeing I have ordered the CVO Anniversary Ultra.
This thing was off the road 3 weeks the first time to do the cylinders, it's now been off the road 5 weeks and they don't expect the parts for another 8 days. Iv'e just had enough of the B/S, not even a loan bike for my troubles.
Who has the bike now?
Still in pieces in the workshop, another 8 days at least waiting for parts.
Whos workshop, the dealers name.....
The dealership is not the problem, they have to get everything approved by HD Aus. It is them that have been dragging the chain and not even addressing the issues I have raised with them.
If you bought the bike from them they really should apply a "goodwill" offer to you for a loan bike to keep you as a client. If you bought it elsewhere, i note your Sunshine Coast avatar, and want someone else to repair it then its up to HD Aust to show the goodwill not that dealer. My new bike was off the road for around two weeks and Sunshine Coast Harley, Jason the old DP allowed me to arrive unannounced with my gear and take whatever demo bike i wanted for a few hrs. Good PR on his behalf and cost him nothing really
I've seen far shitter, less interesting stories on a current affair (almost every night).
It might be lost on us but we need to remember these are motorcycles that cost over $30k and are among the most expensive motorcycles that money can buy. Unlike Jeep, Mazda, vw etc which are run of the mill cars.
I think for the money these things cost, customers like the op are far better deserving than what is happening to him
Consumer laws are not based on any specific price range and therefore a Lambo owner has no greater recourse than say a Corolla owner. Just because a bike is more expensive that something else does not elevate its importance level.
Yeah really giving me the shits being without a bike for so long (over 9 weeks). It is HD Australia I have been dealing with, we move around a lot so I don't really have a Dealer as such. Bike was purchased from Gold Coast Harley while we were at the QLD rally, but has been worked on by Alice Springs, Gladstone and Sunshine Coast since. Currently in pieces in Sunshine Coast. I think it is really piss poor that HD Aus can't even organize a loan bike. The bike is a total lemon, the cylinders were replaced by Gladstone but when Sunshine Coast told me they were waiting on parts to arrive they said it was the rear cylinder they were waiting on - only 1,000 klm since it was replaced before. Half of the issues I raised with HD Aus have never been mentioned since, they just totally ignore the problems.
Actually the ACL does make reference to a more expensive vehicle being expected to be of higher quality and durability.
, what it says is " A consumer may reasonably expect a top of the range in a model in a particular vehicle class to be more durable than a cheaper model in the same class" The important words are same class.
In this case the class is touring motor cycle and considering the sale price on this particular one was right at the top of the range quoted for a Road King (in fact more) I think it is covered.
No one is disputing that......?
Ha Ha love it