ABS Modulator

russ

New Member
Dec 19, 2011
3
0
0
I am currently in dispute with the manufacturer of my motorcycle. It is an 08 plate and the problem occured with only 10,000 miles on the clock, I took it into the dealership who were unable to diagnose and identify the problem, they advised me to continue riding it and see how it goes, it has been back into the dealers a total of 4 times and now the condition of the problem has worsened and they are now informing me that it will be £1000 to fit a new modulator to the ABS braking system. Although the manufacturer say the warranty on this part has an unlimited mileage, they are refusing to replace it. My argument to them is that the part is substandard the durability of the component has failed to meet my expextations and therefore itis not fit for purpose and I am apealing to their sense of decency to replacethis part free of charge. Finding it all incredibly frustrating......:mad: Any help or advice, gratefully received
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
Although the manufacturer say the warranty on this part has an unlimited mileage, they are refusing to replace it.
How can that be? if it is covered by a waranty why is it not being replaced/repaired etc. This is a contractual agreement and you should find out why the warranty is not being honoured.

Whether it is fit for purpose is another matter. Because the part is over 6 months old, the onus is on you to prove this. You would have to commsiion an independant report if necessary.
 

russ

New Member
Dec 19, 2011
3
0
0
Hi trickygj thanks for your feedback, it is very much appreciated and I think it is a case of David and Golliath..........The manufacturer stated that the ABS modulator has a 2 year or unlimited mileage warranty, but they are chosing not to honour this because the warranty ran out over 20 months ago. My argument is that bikes usage and mileage are different to a car, due to them being ridden seasonally and when I bought it at 18 months old and the warranty was fast running out with a mere 300 miles on the clock, since that time the bike has only done 10,000 miles and the quality of the component to my mind should be to higher standard , my expectations of durability and being reliable ought to surpass this period of time and the usage it has had, the timescale should be secondary to my mind, after all surely they have a responsability from a safety aspect if no other, to ensure that the braking system which is a safety feature, should be designed and manufactured not solely with the intention to get past a two year warranty period..:( Surely this point should not need to be proved, is your braking system, older than 6 months old???
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
russ

The manufacturer stated that the ABS modulator has a 2 year or unlimited mileage warranty
That is a contactual agreement and contractually it has run out because of the two year period irrespective of the mileage, whether it is 1 mile or 200k miles.

Surely this point should not need to be proved, is your braking system, older than 6 months old???
Under the SOGA 1974 this point does need to be proved by you because it is older than six months. That is the law and cannot be argued no matter how unfair you believe the argument.

If you think it is not of satisfactory quality the law states you have to provide evidence.
 

russ

New Member
Dec 19, 2011
3
0
0
Hi Trickygj, you obviously have a good knowledge of the law and are in essence telling me that although it may seem unfair to me on so many levels personally. But by the letter of the law, I have no grounds to lodge any legitimate complaint and I carry no consumer rights and if the manufacturer is stubborn enough to stick to their guns they carry no responsability after the 2year warranty period, so I have nowhere to go with what I consider to be their wrong doing. Thanks Russ
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
I carry no consumer rights
You still have consumer rights up to six years from purchase however like I said you have to prove the fault as part of the those consumer rights.

The warranty part is diffeent it was a contract independant of consumer rights which contained terms which you have to abide by like any contract you enter. The two year period is up and so is your contract. Sorry