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Old 02-06-2004, 05:12 PM   #21
Duncan
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That single track web site is excellent and is completely true for the bike.

1. Just because is a motor vehicle and it still goes, doesnt mean the aesthetics dont have to be fit for purpose. If a motorcycle cant take a few months of winter weather then its a bloody bad thing.
2. Your contract is with the dealer, therefore pursue them. If all (or even part) of your bike was paid for on credit card or HP then your contract is also with those companies. This considerably strengthens your bargaining power as they are jointly liable and will lean on the dealer to get this put right. Write a letter and copy it to all parties involved. Explain what you want and why and give them a reasonable timescale to put it right. Even though you do not have a contract directly with Ducati, drag them into the issue and copy them correspondence. Explain that this is under the sale and supply of goods act.
3. Your warranty is IN ADDITION to your statutory rights and not in place of them. Warranty often entitles you to less than your rights in law and its my experience that dealers try to fob you off with clauses in your warranty excluding finish items. Do not accept this. You have far more rights in law than most warranties and the exceptions are used as a smokescreen to get rid of you.
4. Be prepared to take all parties to the small claims court. It rarely goes this far but when I have had occasion to go there you get a fair hearing and costs are minimal. I had to threaten Triumph and a dealer with this a few years back, the job got done and very rapidly.
5. Dont be afraid to visit your local trading standards office, they are there to help you. If you go that route and make a formal complaint, they will follow it up on your behalf. Its best not to go this way if you can sort it amicably with the dealer because you still have to use them for other things and its a bit uncomfortable walking in somewhere that you have threatened / sued etc.
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