"3 months or 3,000 km"

Lets say I bought a second-hand bike from a licenced motorcycle dealer
in NSW, that had 29,000 kms on the dial at time of purchase... then 2
months and 1,500 kms later, the stator craps out.

Does the limitation in the statuary warranty that sez "..and not having
travelled more than 30,000 kms" become effect in this situation, or do I
still get the full 3 months/3,000k from purchase?

 

In aus.motorcycles on Wed, 27 Oct 2010 00:46:50 +1100

Ask Office of Fair Trading, as they will ahve the correct and
trustable answer. An answer on usenet is worth what you pay for it.

http://www.fairtrading.nsw.gov.au

Zebee

 

Commonsense would suggest that the warranty period and eligibility is
determined at time of sale, subject to an oft-held view that the law
is not all about commonsense.

Tthe following link suggests that the bike remains covered under
warranty..coverage commences for a specified time/distance from the
time of sale.

"

http://www.fairtrading.nsw.gov.au/Consumers/Motor_vehicles/Warranties.html#Motorcycles

Second-hand motorcycles (that can be registered in New South Wales,
that have travelled less than 30,000 km, and are less than 5 years old
at the time of sale) are covered by a statutory warranty of 3,000 km
or 3 months after sale (whichever occurs first).

"

My 0 cents worth.


Types of motorcycles not covered by statutory warranty:

*
second-hand motor cycles that are more than 5 years old or have
travelled more than 30,000kms at time of sale

 

And that comma can be conveniently misinterpreted by a dealer.

that have travelled less than 30,000 km, and are less than 5 years
old.

Motor Dealers Act 1974 :-
"
Second-hand motor cycle (not being a motor cycle of such design as to
be incapable of being registered in New South Wales) that has been
driven for not more than 30,000 km and was manufactured not more than
5 years before the time it is sold by dealer.
"

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type=act AND Year=1974 AND no=52&nohits=y

And go to Schedule 1, Column 1, case 8.




"

 

Ask Office of Fair Trading, as they will ahve the correct and

Someone who could've replied with a personal experience, instead of
a rote answer that's common sense from being on Usenet for 25 years,
would've given me the information I actually wanted to use for my
situtation. HTH.

 

PFFT!
What would you do then; go back to them and say "well this guy on usenet
said it'll be OK...."?

 

You were on usenet in 1985?
Personal experience means shit in law. You got some useful advice but
you need to check it out with the Office of Fair Trading before
confronting the dealer. Usenet advice is shaky ground, as Elsie
pointed out.

Theo

 

The warranty is brought into existence at the date of sale. If the
vehicle is eligible for the warranty at that date, then the warranty
remains in force until the 3 months is up, irrespective of the number of
kilometres completed since the date of sale.

As Zebee told you, get this confirmed by OFT - it's their job.

 

* second-hand motor cycles that are more than 5 years old or have

"...at time of sale" isn't included on the Dealers Notice form here,
although it is included in section 28 of the Act. "So that answers that
question..."

(I gotta love the legalise: "for a period of not less than 3 months
immediately preceding the day of that sale"-- heh boundary conditions)

 

The lame wannabe with the big mouth and the small spill chckr? That guy?
Got one of every bike ever made in his shed, that guy; can tell you
everything about everything.

 

Ooh shit; I forgot about that guy.
Hey Chris; there is a feller here who can advise you!

 

that has been

Can't say that I've ever "..driven..." a motorcycle one single km,
'cept maybe when it's on the bike trailer.