New Bike Rust

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New Bike Rust

7/8

paulybronco
4 years ago

Quoting fatbat on 10 Sep 2019 10:17 AM
There comes a time when you have to consider giving up on any reasonable expectation of good faith and service from those businesses in Australia you have tried to resolve this with.
If it was me I'd be at that point now and wouldn't waste further time and energy with the dealer or harley Australia.

I'd only invest time in whichever consumer protection authority has responsibility for this in your state/Territory, harley USA or the media. Media ought to be the absolute last resort.

I liked the idea mentioned previously where you refuse to collect your bike when it's in being assessed/repaired and keep the loan bike until you're satisfied. Tactically clever in my view but unfortunately that opportunity has passed for you.

I wish you all the best mate. Keep fighting

Not all is over, take the bike in for a oil change or something minor , tee up a loaner as you have a few errands to run and don't come back till they fix your bike to a merchandisable level. You have not stolen their bike....they lent it to you and as there is NO clause as to how long the loan term is you have not breached any contract in relation to your obligations regarding the return. This is a civil matter cops wont get involved.

SCUZZ
4 years ago

Hi guys, all good points.
Fair Trading QLD paperwork completed. Been given a reference number. They are collecting data (??). There turn around time was 4 weeks from lodgement by me. They now take another 4 weeks as they obtained additional info from me today.
Have to laugh to stay sane.
One of fair Trading's questions was " what's the contact no/ address of the HD man in Sydney ?".
As you can see, he did not provide a specific contact no or physical address or email.
His email to me was a 'no reply " email address.
I suspect I'm off to small claims court next.
And sadly, I could not keep the loan bike ( I had been warned it would be theft and it would not help my case to retaliate. Been told to stay level headed, not emotional, work through everything in writing and keep moving forward).
My biggest worry about those loan bikes is that if anything happens to them ( including scratches), it s a $2000 excess.
Thanks for the support.
Hopefully others learn from this.

paulybronco
4 years ago

Quoting SCUZZ on 10 Sep 2019 11:20 AM
Hi guys, all good points.
Fair Trading QLD paperwork completed. Been given a reference number. They are collecting data (??). There turn around time was 4 weeks from lodgement by me. They now take another 4 weeks as they obtained additional info from me today.
Have to laugh to stay sane.
One of fair Trading's questions was " what's the contact no/ address of the HD man in Sydney ?".
As you can see, he did not provide a specific contact no or physical address or email.
His email to me was a 'no reply " email address.
I suspect I'm off to small claims court next.
And sadly, I could not keep the loan bike ( I had been warned it would be theft and it would not help my case to retaliate. Been told to stay level headed, not emotional, work through everything in writing and keep moving forward).
My biggest worry about those loan bikes is that if anything happens to them ( including scratches), it s a $2000 excess.
Thanks for the support.
Hopefully others learn from this.

I can reliably inform you its not theft!

SCUZZ
4 years ago

Rust update.
QLD Fair Trading got knocked back by the dealer
Fair Trading advised " 'Mr Blog" ( my term as I have deleted dealer name ) advised they have fulfilled their obligation under the ACL by replacing the corroded nuts, replaced mirror and gave the bike a detailed clean as well as supplied customer with a cleaning pack. Harley Davidson Australia, were made aware of your complaint, Unfortunately though the manufacture support the decision not to refund or replace".
I'm off to the Small claims court at Fair Tradings advice. Same dealer had 4 major complaints to fair Trading in last 12 months.y.
Been looking for the information I require for the claim. Went looking for my warranty copy. Do not have one ( and I've kept everything). Realised I never got a copy. Went on line for a copy. Found this on line from dealer's site
"Harley Davidson new vehicle warranty
We will guarantee a new car of the Harley Davidson Motorcycle purchased at the HD regular sales network for 2 years. For details of warranty details, please contact your dealer.
Genuine motor parts & accessories warranty".
I think a conspiracy.
In one of my email's to the dealer when he denied my claim and said it's explained in the warranty, I asked the dealer for a copy of the warranty. He said for legal reasons he could not give it to me.
Anybody seen their new bike warranty pdf ?

paulybronco
4 years ago

Quoting SCUZZ on 25 Sep 2019 12:10 AM
Rust update.
QLD Fair Trading got knocked back by the dealer
Fair Trading advised " 'Mr Blog" ( my term as I have deleted dealer name ) advised they have fulfilled their obligation under the ACL by replacing the corroded nuts, replaced mirror and gave the bike a detailed clean as well as supplied customer with a cleaning pack. Harley Davidson Australia, were made aware of your complaint, Unfortunately though the manufacture support the decision not to refund or replace".
I'm off to the Small claims court at Fair Tradings advice. Same dealer had 4 major complaints to fair Trading in last 12 months.y.
Been looking for the information I require for the claim. Went looking for my warranty copy. Do not have one ( and I've kept everything). Realised I never got a copy. Went on line for a copy. Found this on line from dealer's site
"Harley Davidson new vehicle warranty
We will guarantee a new car of the Harley Davidson Motorcycle purchased at the HD regular sales network for 2 years. For details of warranty details, please contact your dealer.
Genuine motor parts & accessories warranty".
I think a conspiracy.
In one of my email's to the dealer when he denied my claim and said it's explained in the warranty, I asked the dealer for a copy of the warranty. He said for legal reasons he could not give it to me.
Anybody seen their new bike warranty pdf ?

Scuzz i am starting to become a touch confused here ( getting easier at my age i must admit). Fair trading has the ability/legislation to force traders to comply with , in this case, consumer rights. If they dont feel that this is a clear cut case then they wont pursue the matter on your behalf and therefore not back you with the three "R" route. (Replace, refund, repair).
Fair Trading allocates resources where we can best address non-compliant conduct with the greatest benefit to individuals and the community. While all complaints are considered, we exercise a risk based approach when determining allocation of resources and the action to be taken.

I did sugest early in the piece to go the "implied warranty" route but in reflection you should have submitted the claim as "Not of merchandisable quality"
http://classic.austlii.edu.au/au/legis/nsw/consol_act/soga1923128/s64.html

SCUZZ
4 years ago

Thanks Pauly.
Great link
Fair Trading are different in different states.
Spoke to both NSW and QLD as whilst I live in NSW and HD central are in NSW,
The dealer was in QLD ,
And I had to go with QLD Fair Trading.
They do not have the powers of their NSW counterpart.
A legal mate had told me the same.
They said from the outset that if they could not mediate, I would be off to small claims court.
They have given me a letter of support to do it.
Fair Trading raised multiple issues with dealer from warranty, to repairs to not of suitable quality for sale.
I had Two conversations with Fair Trading and a number of emails and she told me how awful the issues were, but that she had no power, as
Dealer said no to all.
Given Fair Trading took 4 weeks to acknowledge my submission, then 4 weeks to work through it, they are over worked.
In QLD , they are more of a tool to be used to support a court claim.
It s a long process.
I'll keep you updated in case this is of help to others.
A mates mate's $45,000 CVo rusted similar to mine. He gave up after email knock backs from dealer.
I will not
It a a process and I still get to ride my bike

paulybronco
4 years ago

This video also ties up with a prior post "Who should pay and why" but goes someway to show you what rights you have with a motor vehicle/bike in Australia

paulybronco
4 years ago

Quoting SCUZZ on 25 Sep 2019 02:04 AM
Thanks Pauly.
Great link
Fair Trading are different in different states.
Spoke to both NSW and QLD as whilst I live in NSW and HD central are in NSW,
The dealer was in QLD ,
And I had to go with QLD Fair Trading.
They do not have the powers of their NSW counterpart.
A legal mate had told me the same.
They said from the outset that if they could not mediate, I would be off to small claims court.
They have given me a letter of support to do it.
Fair Trading raised multiple issues with dealer from warranty, to repairs to not of suitable quality for sale.
I had Two conversations with Fair Trading and a number of emails and she told me how awful the issues were, but that she had no power, as
Dealer said no to all.
Given Fair Trading took 4 weeks to acknowledge my submission, then 4 weeks to work through it, they are over worked.
In QLD , they are more of a tool to be used to support a court claim.
It s a long process.
I'll keep you updated in case this is of help to others.
A mates mate's $45,000 CVo rusted similar to mine. He gave up after email knock backs from dealer.
I will not
It a a process and I still get to ride my bike

I have personally dealt with HD Australia and was brushed off very quickly.

fatbat
4 years ago

What's the maximum amount of money the small claims tribunal can work with in qld? Hope it's around the value of the bike if not more

SCUZZ
4 years ago

Thanks Fatbat.
There is a specific one the covers motor vehicles up to $100,000.
I should ask for extra for time wasting

SCUZZ
4 years ago

Lady on the court advice line who provides help with filling in the application said I'm not the first !??
I'm interested whether any Recent Harley purchaser received a written warranty. Two of my mates did not. They were offered the extended , but do not recall receiving a copy of the factory warranty. One bought a trike 6 months ago and the other a Fatbob 12 months ago.

paulybronco
4 years ago

Quoting SCUZZ on 25 Sep 2019 09:48 AM
Lady on the court advice line who provides help with filling in the application said I'm not the first !??
I'm interested whether any Recent Harley purchaser received a written warranty. Two of my mates did not. They were offered the extended , but do not recall receiving a copy of the factory warranty. One bought a trike 6 months ago and the other a Fatbob 12 months ago.

I bought mine new in 2012 and pretty sure it was in the owners book , will check and let you know

paulybronco
4 years ago

steelo
4 years ago

There you go SCUZZ
Contact John at cadoges@gmail.com
or
john@autoexpert.com.au

paulybronco
4 years ago

Quoting steelo on 28 Sep 2019 11:14 AM
There you go SCUZZ
Contact John at cadoges@gmail.com
or
john@autoexpert.com.au

Excellent attention young Steelo was hoping someone might pick up on that.

SCUZZ
4 years ago

Thanks guys.
I'll send John an email.
See how it goes

SCUZZ
3 years ago

Papers lodged this week with QCAT ( Queensland Civil Administrative Tribunal ) to have my new 2018 Streetbob's widespread corrosion dealt with under warranty. Papers served on GC Harley Davidson. Be interesting how the dealer and HD respond. I'll let you know the outcome .

steelo
3 years ago

Sorry to hear it’s progressed that far scuzz.

Humbug
3 years ago

Not a good look for the business involved,hope you have a good outcome.

Grease Monkey
3 years ago

Good on you for sticking at it mate, most don't so they think they can get away with treating customers like shit, for sure keep us posted, yours is a pretty bad example granted but that should make them want to help you not fob you off with bullshit.

Topics

7/8

New Bike Rust

New Bike Rust

paulybronco

SCUZZ

paulybronco

SCUZZ

paulybronco

SCUZZ

paulybronco

paulybronco

fatbat

SCUZZ

SCUZZ

paulybronco

paulybronco

steelo

paulybronco

SCUZZ

SCUZZ

steelo

Humbug

Grease Monkey