5 Comments Commercial law, litigation, contracts, IP, property law
The Australian Consumer Law (ACL) provides certain guarantees when you purchase goods from a supplier. This applies to new and used goods. The ACL applies whether or not there is a statutory warranty scheme for new or used vehicles in your jurisdiction. Goods supplied come with a guarantee of acceptable quality and fitness for purpose.
There are two issues here: the issue in relation to the original purchase and the issue is relation to the repair.
Firstly, you might have had some rights against the supplier under the ACL if not for the large number of kms you have done since purchase (41,000 kms). Secondly, you might have rights under the ACL against the repairer given after spending $4,000 the same issue returned.
If you went ahead and repaired the bike without first giving the supplier an opportunity to remedy the defect then your rights are lost. However, you might have had rights against the repairer if you promptly exercised those rights.
You might also have had rights against the manufacturer if you had concrete evidence (not just evidence from forums) that the goods were not of acceptable quality (one of the requirements of acceptable quality is durability), however, these rights must also be exercised promptly.
The ACL requires consumers to be proactive when exercising their rights. Moreover, if you fail to follow the requirements of the ACL or wait too long to exercise your rights then rights can be lost.