Warranty? Hmmm…

[Brewsters]

Hi all,

Well, after having well over 20 bikes, new and used over the last 30 years, I’ve got my first ever leaking fork seal! I must have been very lucky all these years!

Long story short, I collected a new to me gen 2 Hayabusa 2 weeks ago from a main dealer (I have purchased from them before and they’ve always been very good). Bikes done less than 10,000 miles and is in good order apart from this leak.

I never noticed it upon collection but I never even checked the forks - it was well valeted so probably wouldn’t have shown itself and on the other hand it may have just happened in the last two weeks.

I emailed the dealer today and he said it wasn’t there upon collection and if it was noticed then they would have sorted it.

His email says it’s up to me to rectify. I’m not after a free lunch so to speak and expect older bikes to throw up a few issues.

Any thoughts on how to progress this? Suck it up and get it done or press the dealer to fix or perhaps meet me half way?

Pics attached - that’s fork oil on the concrete floor.

Thanks for any advice.

[anonymous-user]

Probably due a rebuild anyway.
Use it as an opportunity to get them sprung to your weight.

[J6542]

I would get it repaired by someone else and never spend money with them again.

[rigga]

Under consumer law, to have a fault, in such a short space of time , it's deemed as present at time of sale .

Getting the dealer to comply is another matter, but the law is on your side.

[Brewsters]

Thanks Rigga. Pretty much what I was thinking. They have my part exchange for sale and I’d gladly swap back but that’s just complicating things and I’d like to give them the opportunity to put the Hayabusa right. Will call them tomorrow and ask for the 3 month warranty t and c. I’m not going to kick up a fuss but trying won’t hurt. Appreciate your advice. If I mention I’m going legal I think they’ll change their minds as a big dealership outfit I doubt they’d want that for the sake of a fork seal. Upon closer inspection the brake pads are on 1 millimetre as well. I took them out and measured them. There’s no way I’ve braked that hard in 700 miles of use. Bike was mot’d in feb and no miles since it was sold to me in June.

I’ll update tomorrow once I’ve spoken to them.

Appreciate all advice so far.

[Tyrell Corp]

that is a lot of oil, loads more than usual from a leaking fork seal, serious safety issue missed on the PDI..

[Caddyshack]

EVOTECH3BELL said:

Probably due a rebuild anyway.
Use it as an opportunity to get them sprung to your weight.

I agree with this.


Poor show on the dealer though.

[Sidecar Man]

Did you ride bike home or collect it in a van?

[rigga]

Give them the option through their warranty, however flimsy that may be, I've yet to see a second hand warranty worth the paper it's written on, but I'd certainly be going down the consumer rights act 2015, they have no defence.

The thin brake pads also would leave me little confidence in any preparation work they have , or not, carried out prior to sale.

[OverSteery]

I would argue:
That fork would be MOT failure.
A bike not capable of passing an MOT shouldn't be ridden on the road
This bike is not fit for purpose
The dealer needs to fix it.

The warrantee is irrelevant

[Sidecar Man]

OverSteery said:

I would argue:
That fork would be MOT failure.
A bike not capable of passing an MOT shouldn't be ridden on the road
This bike is not fit for purpose
The dealer needs to fix it.

The warrantee is irrelevant

Mot is only worth any thing at the time of the Mot!!!!!
Has he ridden the bike and question still remains How did he get the bike home?? Seen no end of fork seals popped strapping a bike down in a van!!!

[ntoskrnl]

You've ridden it 700 miles since you bought it? Then I don't see how that's the dealers fault, although I know nothing of law/warranties etc.

I would just suck it up and get it sorted how ever you like, and as someone said, it's a good opportunity to dial the suspension in a bit too.

[Brewsters]

Bike was ridden home - I used to race, so know the perils of an over enthusiastic strap down. I think it’s going to be a do it myself job. Well, not me as such as I don’t have the necessary skills and tools. Will get both forks done and chuck some new pads in. May as well have new brake fluid as well. Gonna need to set up a ‘go fund me’ page at this rate

[rigga]

Not having a pop Brewster's, but this is why dealers act the way they do, it's likely, in their opinion, owners won't chase them for what's rightfully the correct resolution.

[Abdul Abulbul Amir]

Dealer is responsible under CRA 2015. They have to prove the fault wasnt there at time of purchase, the low brake pads will help you in regards to the lack of a decent pdi. Let them know you're bringing the bike back for repair.

[OverSteery]

Sidecar Man said:

OverSteery said:

I would argue:
That fork would be MOT failure.
A bike not capable of passing an MOT shouldn't be ridden on the road
This bike is not fit for purpose
The dealer needs to fix it.

The warrantee is irrelevant

Mot is only worth any thing at the time of the Mot!!!!!
Has he ridden the bike and question still remains How did he get the bike home?? Seen no end of fork seals popped strapping a bike down in a van!!!

If bought from the dealer the bike must be fit for the use intended. This bike is not. It's not road worthy as it has a defect - i am using the MOT test to demonstrate that a leaking fork seals means it's not fit for road use. ie a leaking seal isn't just trivial wear and tear.

The law states that any defect discovered so quickly is assumed to be present at sale and the responsibility of the dealer to fix. The dealer will need to show that OP popped the seal, otherwise it's down to them to fix

The pads are more difficult, at 1mm they will still work, so the bike is fit for use, albeit not for long. 1mm is probably beneath the service limit - did the seller state the bike had recently been serviced?

Edited by OverSteery on Sunday 9th July 14:23

[Tribal Chestnut]

This is one of the reasons why you pay a premium when buying from a dealer.

[Brewsters]

Just called the dealer and they said that it’s the same as getting a puncture - could happen at any time and it’s my responsibility to remedy. Mentioned how low the front pads were and they assured me it had been through the workshop and it was fine. I didn’t see the point in kicking off, but kept the conversation with a level head, saying I’d see what my options are.

I’m in two minds - I’ve offered them the chance to fix it and have been nice and friendly in all communication including pictures sent of the leak and low front pads.

At the end of the day, it’s an older bike, even with sub 10,000 miles on it. I expect a few costs and repairs during ownership. I’ve only had it three weeks. Disappointed.

I like the bike but they’re not exclusive so I’d happily reject it as not fit for purpose. I expect if I go down this route, they’ll fix it as a rejected vehicle will cost them a lot more and they’d have to do the seal and pads prior to reselling. I can fit new pads myself so I’m not overly bothered about them.

First time I’ve ever had an issue in all these years, so I count myself lucky. I don’t have the tools or workshop to perform the fork seal repair myself and I’d rather both were done at the same time. Perhaps I’ll call the dealer and say I’ll pay for one and they can pay for the other one as it will be cheaper for me labour wise with all the fairings off.

I’ll update once I decide what to do.

[Trevor555]

That's a really crap dealer if they wont repair that after only two weeks.

Get onto google reviews, put those pictures up, tell people..

I bet they'll be on the phone to you same day saying they'll fix it, as they bloody well should.

[Abdul Abulbul Amir]

Drop them an email asking for them to put the refusal in writing stating you will have the repair done elsewhere and then take legal action against them to recover the cost. Then do as you say.