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Sales of Goods query

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  • Sales of Goods query

    A used motorcycle was purchased over the phone having selected it from a business web site - it was in excellent condition for its age. A deposit was paid over the phone using a debit card inclding a delivery fee ( it was delivered 150 miles away) the balance was taken up on finance. The motorcycle was delivered the purchaser inspected the motorcycle and was very happy, he signed the finance documents and the sales invoice. he was asked if he wanted the motorcycle starting but declined and said he was busy. The driver left. Three hours later the purchaser phoned up and said he couldnt start the motorcycle, and had clearly been trying before calling the shop. He spoke with a mechanic whom got the impression he had no idea about the motorcycle and how to use a choke and whilst trying to follow instructions on the phone it was concluded by the mechanic the spark plugs were now wet and needed cleaning/drying or replacing. actually a very simply thing for anyone that knows about motorcycles. It was agreed to leave the motorcycle until the morning to see if it would start,. It didnt and before the customer phoned the shop up he had contacted the finance company and told them he wanted to cancel the sale. This was most surprising as it was an excellent motorcycle to have, the shop spoke to the purchaser and explained there is a three month warranty to cover any mechanical failings. The mechanic suggested if it wasnt the plugs wet it could be a failed CDI unit ( electrical box) but would not know until it was checked. The purchaser stated he wanted to reject the motorcycle as it was faulty and he stated this to the Finance comapny. The shop arranged collection of the motorcycle, concerned it had not been insured and upon return the mechanics checked it and as predicted the plugs were wet. They were simply replaced and the motorcycle started straight away and was running fine. There was nothing wrong with the motorcycle, it was simply misuse and lack of knowledge on the purchaser 's part, that caused it not to start. The purchaser was contacted and informed it was the plugs, and the shop considers it is right to charge him to replace them and a contribution to the collection (150 miles each way again) as the motorcycle was not mechanically faulty it had failed due to his mis use. And he had simply changed his mind and didnt want the motorcycle anymore. Should the purchaser expect to pay this or expect the small business to cover the costs of his misue, inexperience and inconsiderate actions. ?
    Last edited by Blue123; 27th June 2023, 16:59:PM.
    Tags: None

  • #2
    This kind of thing appears to be part of the cost of doing business.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      As the motorcycle was purchased over the phone the buyer has the right to cancel the contract within 14days.
      If you did not inform him, at the time of sale, that he would be responsible for the costs of return, then that cost is down to you.

      Comment

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