O/T Warranty claim

[charlie_pank]

Took bike in to check a noise I didn't like, turns out it has a likely big-end bearing failure. It's an '02 bike and if I'm lucky is just inside (2yr) warranty (need to get home to check) if I'm unlucky then it's just outside warranty . If the latter is the case, do I have any recourse for compensation as this is surely a manufacturer's fault (been regularly serviced, not abused, done 8000 miles), or am I going to have to foot the bill...? Do we have any warranty experts here?

 

 

Edited by - charlie_pank on 16 Jun 2004 14:22:45

[Sheds Moderator]

Not an expert but there is such a thing as a post warranty claim. Essentially you go to court to establish that the thing was incorrectly manufactured and therefore "unfit for purpose" when sold. It never goes this far if the vehicle has been serviced, the company won't risk a day's court costs for the price of an engine rebuild. They will almost certainly do a deal if you behave in a reasonable fashion and indicate your willingness to proceed down the court route if they don't play ball.

 

You shouldn't have bought a Duke... still, I'm glad that after last year's debate you still have continued articulation of your limbs and have done the right thing and gone and done it.

[charlie_pank]

Cheers battered, that's good to know. Yes all my limbs are still articulated. TBH at the time the Duke was one of only a few options open to me - given my inside leg measurements and lack of experience.

 

With a few 1000 miles riding behind me now, I am more confident with the weight and width of taller IL4 bikes, but at the time I wasn't and the Duke was the easiest thing I found to handle. The real trouble will be when it comes to choosing the next one, I really like the power delivery of the twin, and don't like the revvy nature of the IL4s. Perhaps it will be a b*w *eek*

 

 

BTW can I still go down the court route if I bought it second hand, but still under warranty at the time of purchase?

 

 

 

 

Edited by - charlie_pank on 16 Jun 2004 14:57:51

[Sheds Moderator]

Yes Charlie, you can do this regardless. The key is to *prove* that the thing has been serviced properly, ie that you have done your bit, and that this isn't a matter of neglect or the thing wearing out fair and square at the end of its life. After that it's up to the court to decide that the thing wasn't "fit for purpose" when you bought it. HOWEVER if you didn't buy it new your contract is not with Ducati but with the dealer (or Joe Soap) who sold it to you. You therefore have to pursue your dealer who may have a counterclaim against his supplier or ducati UK, or who may take it from his liability insurance (not that you care what he does about his loss). If you bought it from a bloke in the paper, you are on your own. If Ducati UK have no contract with you then IMO they aren't obliged to get involved once it is out of warranty.

 

Edited by - batteredoldsupersport on 16 Jun 2004 17:27:29