Fit for purpose..... my rights?

[gelfy666]

Evening...............
Well ive owned my emtb for 14 months now..... its not been trouble free experience.

From the very start the bike had issues with moisture, the slightest bit of drizzle and the bike would shut down. Give bike a clean, battery, motor and controller would just be wiped with a damp cloth, and the bike would not turn back on.
My LBS changed the motor, battery, controller and most of the wiring over the next 10 weeks but i was still getting the same issues.
In the end the distributor sent out a replacement bike for me.

All was good to begin with, but this bike has been plagued with the same issues, even though ive covered over 700 miles it still having issues in damp weather, not just rain but a little drizzle will cause it to shut down.

My LBS have been very good, trying to work with manufacturers to sort a permanent fix, last attempted was all new wiring and they put heat shrink around all the connectors.... this was around 4 months ago.

Anyway last week miles from anywhere its started to drizzle and the bike shut off and wouldn't turn back on.

Ive taken it back and said that its not fit for purpose and ive lost all faith in it etc....... even the bike shop are fed up with the amount of time they've spent trying to fix it.

Where do i stand legally with the makers?

I know the shop has recently sent the UK distributors a comprehensive list of the issues and the remedies that have been tried in sorting the problem out....... its a tricky situation as me and the LBS are really good friends...... Im not sure what to do.

 

[simonk]

What bike is it?

 

[gelfy666]

Fantic xf1 160

 

[Rob Rides EMTB]

Do you have evidence that within the first 6 months the bike was faulty? And since then the repair / replacement has failed?

If so, and the same fault os occurring, you have strong grounds to reject the goods under Sales of Goods act. Your contract is with the bike retailer, not the manufacturer, so you would need to ask them.

Also, I had the exact same issue with my demo Fantic Integra. Bike kept turning off and I later found out it was due to water ingress.

Source: Consumer Rights Act 2015 - Which? Consumer Rights

 

[IanVersion2]

I don't know where you stand legally but I always point out that 'legally' only matters if you're prepared to take it to that level (which will usually cost you a whole lot more ££££ and stress).

My advice would be to try and work with Fantic directly, prod about and find the contact for a sales rep, a head of sales, a quality manager and let them know you're really disappointing with their product which you paid good money for. List the issues and the consequences (additional costs, missed days riding with friends etc.). There's a fair chance if you're seeing it repeatedly then the factory know where the weakness is. Either there is a fix or another replacement bike is in order, maybe a higher spec model for your trouble? Maybe you decide to sell this new one straight away because you've lost confidence? Just thinking out loud here.

 

[gelfy666]

Do you have evidence that within the first 6 months the bike was faulty? And since then the repair / replacement has failed?

If so, and the same fault os occurring, you have strong grounds to reject the goods under Sales of Goods act. Your contract is with the bike retailer, not the manufacturer, so you would need to ask them.

Also, I had the exact same issue with my demo Fantic Integra. Bike kept turning off and I later found out it was due to water ingress.

Source: Consumer Rights Act 2015 - Which? Consumer Rights

View attachment 36061

Every time my LBS has attempted to fix the issues they have sent fantic photos and a written account of what has been done.... So there is plenty of evidence of the repeated problems.

 

[Rob Rides EMTB]

Every time my LBS has attempted to fix the issues they have sent fantic photos and a written account of what has been done.... So there is plenty of evidence of the repeated problems.

Cool.

ps - Fantic are a third party here and (legally) have nothing to do with the sale between you and the retailer.

Your contract of sale is between you (buyer) and the bike shop (seller). Thats where you legal rights, Sale of Goods act etc sit.

First step is to formally request a refund from the bike shop, detail the list of faults, timelines etc.

 

[gelfy666]

Cool.

ps - Fantic are a third party here and (legally) have nothing to do with the sale between you and the retailer.

Your contract of sale is between you (buyer) and the bike shop (seller). Thats where you legal rights, Sale of Goods act etc sit.

First step is to formally request a refund from the bike shop, detail the list of faults, timelines etc.

Ok thanks, I just need to put aside friendship side of things, and look after myself..... At the end of the day there's an on going issue which hasn't been fixed ?