URGENT ADVICE NEEDED PLEASE

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  • #13640
    mcmickyp
    Participant

    Radar,

    I am in pieces!! Picked up my brand new Honda CB1000R yesterday at 1400. Took it steady to scrub the new tyre in, always keeping below 6000RPM as advised. 225 miles later (this morning) I was riding at 50 mph behind a car. The bike started feeling weird and jerking, making noises..I stopped as soon as safe to do so.

    Honda fitted a hugger and this has been ripped off. Reat tyre has been gouged, there is melted plastic everywhere and scrapes on the swing arm..a real mess.
    What can I do?/
    Honda fitted the hugger, i have done nothing wrong.
    My understanding is that;
    1. Honda have sold me a bike that is ‘not fit for purpose’ and every single mark, damage and tyre have to be replaced to an as new condition.
    2. If the above is cannot be done, Honda must replace the bike.

    Please let me know your thoughts, or any other members experience.

    Honda dealership closed today, but i am going to hit the roof tomorrow morning, just need the right advice.

    Thanks!!

    Michael

    #57874
    BigBen
    Participant

    well that sucks. i might be wrong (infact i probably am) but i thought they can sell you anything they like, legal or not and it comes down to you to make sure its in a road worthy condition. i was watching a police program on the box and this lass was pulled for driving a range rover sport with tinted windows in the front..they were obviously too dark and she was going to get points, and she had literally just got it from the dealership.she said to the cop that pulled her that she had got it straight from the dealership and he said tough sh!t, its your responsibility to make sure its right before you drive it on the road.
    im sure someone will correct me but thought i would mention it.
    good luck

    #57875
    mcmickyp
    Participant

    will find out in the morning..bare in mind the bike was brand new..i am looking at them fitting the hugger incorrectly..Surely a Honda main dealer has a ‘duty of care’ to sell safe bikes??

    #57876
    BigBen
    Participant

    yeah fair point but proving they fitted it incorrectly might be slightly difficult unless you witnessed them fitting it incorrectly. if you have no proof they will probably tell you to stick it, and yes you would have thought they had a duty of care, but alot of places now are run by morons. including my main kawasaki dealership

    #57877
    Radar
    Moderator

    In my view it is quite simple, it looks to be down to poor fitting so any damage should be their liability. If it was an official extra fitted by them, it must be down to them

    Only potential fly in the ointment is if some road debris has got trapped between the tyre and the hugger, it which case it could be an insurance job.

    Sorry to hear that you are having problems and hope you get it sorted promptly. Lets us know how you get on

    #57878
    BigBen
    Participant

    thats all fair enough but will they do it even though he cant prove anything??

    #57879
    imperialdata
    Keymaster

    Agree with the comments above. If it was a badly fitted hugger that caused this then I personally would approach them firmly and ask them to pay for the damage and if they do not state that you will seek legal advice on the matter. They probably did a PDI on the bike (pre delivery inspection) which gives you some ammunition too with paperwork to substantiate the claim. Hell, they probably even charged you for it…..

    From memory (because I have used this previously in a dispute), there is a duty under the sale of goods act 1979 that all sales items must be as described and fit for purpose. This is the one act that many people quote when taking legal action, Google it and you’ll find more info. You could drop this out in conversation with them to show you are not just going to walk away without a fight.

    If it was my garage, I’d be glad that you didn’t kill yourself and more than happy to fit a new tyre and hugger as a gesture of goodwill.

    Your final recourse would be to drop the local press into the equation. A negative article in a local mag or paper would be bad for business.

    Good luck!

    #57880
    BigBen
    Participant

    well i was wrong then

    #57881
    Radar
    Moderator

    quote:


    Originally posted by benji_zx10r

    well i was wrong then


    It is a bit of a grey area legally – I remember that incident with the Land Rover on TV. It could hinge on whether the hugger is an officail Honda extra, listed in their catalogue or whether it is an aftermarket (ie unofficial) item the dealer supplied as well as fitted.

    Whatever the legal niceites I feel they are morally responsible and should pay up

    #57882
    mcmickyp
    Participant

    Thanks for all of the response!!
    Hondacare picked the bike up this morning..the recovery guy knew the dealership and said they were good guys..i will call them in the morning and see what they say and keep you posted!!
    The rear tyre is a mess and he said that they would be negligent NOT to replace..I just want my baby back so that i can go and ride it this weekend..hope to see you again soon Radar!!
    Thanks

    Michael

    #57883
    Radar
    Moderator

    Be great to see the new bike once everything is sorted. Let us know how you get on with the dealership.

    How about posting a few pics and some impressions of the bike? Make interesting reading

    #57884
    mcmickyp
    Participant

    Radar, i have loads of pics of various bikes to post, but cannot work out how to do it yet!
    Honda update!!

    Dealership has sold 6 CB1000R with same hugger..mine is the second failure!! Issue with the design (DO NOT FIT A SKIDMARX HUGGER TO CB1000R) The expanding tyre has caused a vacuum with the hugger causing issue. Bike will be back tomorrow in ‘mint’ condition.. All fixed by Honda, new tyre etc etc. To quote ‘you wont have to pay anything’ bloody right I wont!!!

    What a weight off my shoulders??
    Cant wait for the weekend!!
    Any ride outs this weekend Radar??
    Michael

    #57885
    BigBen
    Participant

    ive never had a problem with any skidmarx products so thats a bit of a shock is that. i dont see why it would have issues if it was fitted correctly :s

    #57886
    mcmickyp
    Participant

    no idea, however, for me ‘once bitten twice shy!!

    #57887
    Radar
    Moderator

    quote:


    Originally posted by mcmickyp

    Radar, i have loads of pics of various bikes to post, but cannot work out how to do it yet!
    Honda update!!

    Dealership has sold 6 CB1000R with same hugger..mine is the second failure!! Issue with the design (DO NOT FIT A SKIDMARX HUGGER TO CB1000R) The expanding tyre has caused a vacuum with the hugger causing issue. Bike will be back tomorrow in ‘mint’ condition.. All fixed by Honda, new tyre etc etc. To quote ‘you wont have to pay anything’ bloody right I wont!!!

    What a weight off my shoulders??
    Cant wait for the weekend!!
    Any ride outs this weekend Radar??
    Michael


    Glad you got it sorted and fair play to the dealer for doing the right thing! I hope they contact the other 4 owners and remove of modify the hugger.

    Out Good Friday if the weather holds, welcome to join in!

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