new scooter

    Hi, I bought a brand new scooter at the end of september. I part exchanged with my old bike to the value of £800 and I paid cash of £700 as the new bike was £1500. when I bought the bike the guy in the shop said if I wasnt happy in any way he would swap the bike. I took the bike in after it had done 500 kilometres for its check over and I mentioned the engine wasn't sounding right and that the kickstart wouldn't kick over when it was cold. he checked the bike over and said he couldn't find anything wrong with the engine and he didn't know what was wrong with the kickstart. I took the bike in again friday gone because the noise was getting unbearable and I phoned him this afternoon and he said the engine noise was due to the fact the givi box on the back of the bike was a bit loose and that the kickstart was a design flaw by nipponia the manufacturers and the newer models they were making didnt even have a kickstart! I feel I am just being fed one excuse after another. Where do I stand legally? thanks in advance

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    Original Poster

    I know I could just change the bike but it's done 1500 kms and if he got a bit stroppy I just need to know what my rights are. thanks

    When you buy a motorcycle from a trader you are making a legally binding contract. You have legal rights against the trader under the Sale of Goods Act 1979.

    The motorcycle should be:

    of a satisfactory quality - free from minor defects, safe and durable for a reasonable length of time. When assessing satisfactory quality you should take into account the price you paid for the motorcycle, its age, mileage and condition at the time of salefit for its intended purpose or a purpose which you made known to the trader at the time of the sale - fit to be driven on the roadas described - the motorcycle should correspond with any description applied to it. In some circumstances, the trader may be liable for any statement made by the manufacturer of the motorcycle

    If the motorcycle is faulty, you are legally entitled to request one of the following remedies:

    a full refundcompensation (damages)repair or replacementrescission or reduction in price

    You can find more information about these rights in the 'Buying goods - your rights' leaflet.

    The Consumer Protection from Unfair Trading Regulations 2008 prohibits commercial practices that are unfair to consumers. If a trader misleads you or engages in an aggressive commercial practice and you make a decision to purchase a motorcycle which you would not otherwise have done, the trader may be in breach of the regulations. For example, a trader may fail to inform you that the motorcycle has previously been accident damaged or may claim it is 'sold as seen' to avoid their responsibilities to you. If you have been misled, report it to Citizens Advice consumer service for investigation by trading standards.

    Guarantees and warranties given or sold by a trader are in addition to the statutory rights you have under the Sale of Goods Act 1979. Please see our 'Guarantees and warranties' leaflet for more information.

    If you enter a contract because a trader misled you or because the trader used an aggressive commercial practice, the Consumer Protection (Amendment) Regulations 2014 give you rights to redress - the right to unwind the contract, the right to a discount and the right to damages. Please see our 'Misleading and aggressive practices - your right to redress' leaflet for more information.

    Before going on about 'legal rights' have you tried talking to the guy?

    You've been in a couple of times and he's looked it over & found nothing. What do you want him to do?
    Actually, a better question is; What have you asked him to do?

    Original Poster

    fix it

    Get a second opinion from another mechanic. Then go back to the place you bought it.

    I've just looked at Nipponia seem to come with 2 years warranty so there shouldn't be any issue getting repairs apart from a Dealer or garage pulling their feet.

    I think this is there uk site…php
    It has contact details on it so I'd try dealing with them direct.
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