What are my rights?

[imobu]

Is this in the right section?

Just typical. I just booked up my holiday in Ireland yesterday then went out for a ride feeling pretty good. The damm clutch has started to slip again.(15K miles)
I had the clutch and oil seal replaced (9k miles) through BMW warrenty cover last June the cover expired in Sept.
Is the dealer liable for any sort of guarenty on his work. I would have thought that it should be 12 months. Is anybody up on consumer rights. I have not approached the dealer yet as I would like to know my rights before I contact him.

 

[Taipan]

I would have thought no, he has no liabilty here. A clucth is a part that is wearing out from day 1. It's wear rate is determined by many things, i.e. a tourer will probably use it a lot less than a city commuter. So its pretty hard to establish an expected life span for a clutch. I doubt you'd win a court case. The dealer may do something out of good will, but it wouldn't be out of obligation, IMHO.

 

[wessie]

I take the opposite view to Taipan.

The fact that BMW replaced a clutch, which could be considered a consumable item, at 9000 miles is indicative that they consider that it failed prematurely.

Now, the second clutch has failed after 6000 miles. This is not a warranty issue it is a simple sale of goods issue. The clutch should last longer and imobu should expect the dealer to replace the faulty unit at a very reduced price. For example, if the normal life of a clutch is 30000 miles then imobu should pay no more than 20%.

The other question is did the dealer actually fix the original fault. Is there something else wrong with the bike that causes premature failure of the clutch?

 

[imobu]

Do dealer fitted parts, the oil seal, not carry a 12 month guarentee?

 

[DaveGSCymro]

I take the opposite view to Taipan.

The fact that BMW replaced a clutch, which could be considered a consumable item, at 9000 miles is indicative that they consider that it failed prematurely.

Now, the second clutch has failed after 6000 miles. This is not a warranty issue it is a simple sale of goods issue. The clutch should last longer and imobu should expect the dealer to replace the faulty unit at a very reduced price. For example, if the normal life of a clutch is 30000 miles then imobu should pay no more than 20%.

The other question is did the dealer actually fix the original fault. Is there something else wrong with the bike that causes premature failure of the clutch?

It can only be a sale of goods act if he paid anything towards it, if he didn't then the warranty on the clutch would of expired with the rest of the warranty. Ask the dealer to try a goodwill claim with BMW.

 

[MikeO]

Do dealer fitted parts, the oil seal, not carry a 12 month guarentee?

That is my understanding, assuming it's the oil seal that has failed...

Mike

 

[Tarka]

For what it`s worth,I had a similar experience last year,in that my 1100GS clutch failed dramatically,and got repaired under warranty. Lo and behold,a month or so later,it started slipping under load,and it was discovered that the engine output seal was leaking,and contaminating the clutch,which had to be replaced again...
It sounds to me that the same thing has happened here.
Unless you`re a gorilla with the clutch......