Do you know what your motorcycle warranty covers ? Many bikers buy their vehicle without knowing for sure what the warranty of their motorcycle really covers. Read on to find out all the answers. There are times when one does not claim for not being involved in trouble and cumbersome processes, but the truth is that some issues are covered by law, discover them!
Index of contents
Tips so that you do not get scammed with the guarantee of your motorcycle
#1 What is meant by non-conformity?
Although the concept of lack of conformity is difficult to define, the same law explains that a product will not be compliant and, therefore, can be the subject of a claim, in the cases that we present below:
- When the product does not conform to the description made by the seller, it does not have the advertised benefits or those of goods of the same type.
- That there is any defect in the product that makes it useless for ordinary use.
- When the product is not suitable for the use that the consumer has expressly requested, provided that the seller has admitted that it was suitable for this use.
#2 What basic points should you know about the warranty of your motorcycle?
What is the guarantee?
The guarantee is a right that the law grants to consumers and that allows them to claim the seller if they are not satisfied with the purchased product.
What does the warranty cover?
The law allows the consumer to claim as long as the product “does not conform to the sales contract”. Therefore, the guarantee covers any lack of conformity of the product.
To which products does the guarantee law apply?
The Guarantee Law applies to all consumer products whether new or second-hand.
What period does the guarantee cover?
The legal guarantee for new products is two years from the date of purchase, and one year for second-hand products, which can also be extended up to two years.
Who should be claimed?
The guarantee law obliges the seller to respond to the consumer for any lack of conformity. Therefore, the buyer must always claim directly from the seller, and the latter has the legal obligation to provide a solution and cover the guarantee before the consumer. The law also gives the consumer the option to claim directly from the manufacturer or importer when it is difficult or impossible for him to contact the seller.
#3 Is the consumer obliged to demonstrate that the product does not conform?
The burden of proof will be on the seller or the buyer, depending on when the defect or lack of conformity is manifested:
- If the consumer claims during the first six months from the date of purchase of the product, it is understood that the defect already existed at the time of purchase and, therefore, no proof should be provided.
- If the consumer claims after the first six months from the purchase, the seller can require him to prove that the defect already existed at the time of purchase and that it is not the result of misuse.
Likewise, since the legal guarantee period for new products is two years, in practice, once the first six months have passed, it is very common for sellers to claim that the defect or lack of conformity is the consequence of misuse by the consumer. , obliging the buyer to demonstrate –through an expert report, for example– that the defect is of origin.
#4 What can the consumer demand when the product does not conform?
When the product does not conform, the law gives the consumer the option to opt, in the first place, between repairing or replacing the product “unless one of these options is impossible or disproportionate”.
The repair and/or replacement must comply with the following rules:
- They will be totally free for the consumer, without being able to charge expenses for materials, labor, transportation, displacement or any other concept.
- They must be carried out within a reasonable period of time and without major inconvenience to the consumer.
- During the time that the repair or replacement takes, the calculation of the guarantee is suspended.
- During the six months after the delivery of the repaired product, the seller will be liable for its lack of conformity that motivated the repair, and it will be presumed that it is the same lack of conformity when the same defects as those initially manifested are reproduced in the product. .
- During the six months after the delivery of the replaced product, it will be understood that the defects that the product may present already existed at the time of its delivery, and the consumer must not provide any proof.
The consumer may demand a price reduction or termination of the contract in the following cases:
- When the repair or replacement has not been carried out within a reasonable time, or without major inconvenience for the consumer.
- When, having repaired or replaced the good, it continues to be non-conforming.
The price reduction will be proportional to the defect in the product. Termination of the contract may not be required when the defect is of little relevance.
#5 Does the guarantee of my motorcycle have to be in writing?
In goods of a durable nature, the legal guarantee must be collected in writing.
However, if a guarantee document itself is not available, the receipt or purchase invoice can always demonstrate the date from which the legal guarantee begins to count.
#6 What happens if the dealer does not respect the general warranty conditions?
The only solution would be to resort to the Civil Procedure Law or the General Law for the Defense of Consumers and Users.
#7 What happens if I sell the motorcycle and the warranty period has not yet ended?
In case of transfer of the product, the guarantee will remain valid for the new owner in the remaining period. With the Law in hand, there is no article or provision that says that the beneficiary of the guarantee is a specific person, nor the obligation to inform the manufacturer of the new owner of the good. In any case, the data of the new owner can be notified to an Official Dealer, to avoid “washing their hands” in case problems arise, since some guarantees may include a clause whereby the manufacturer must be informed of the change holder so you don’t get lost.
#8 Do motorcycles purchased from an “unofficial” importer have a guarantee?
Those new motorcycles that have not been purchased from any of the official network dealers that that brand has in Spain are also guaranteed. The warranty is given by the manufacturer, not the seller. Regardless of who delivers the motorcycle to the final consumer, the dealer is obliged for two years to repair any manufacturing defect that can be detected in it.
#9 What is the least positive aspect of the Guarantee Law?
The law contemplates that only in the first 6 months after the purchase, it is assumed that the lack of conformity with the product already existed when it was purchased, so the consumer can demand to make use of his right to the guarantee (and choose between repair and replacement of the good) automatically. However, after those 6 months, the consumer must demonstrate that the defect was of origin and was not due to misuse.
#10 Who do I turn to if I have a problem?
The seller of the motorcycle will be the guarantor (will respond to any lack of conformity), since it is with whom the consumer has established the purchase-sale relationship. If it is impossible or very difficult to go against the seller (example: closure of the establishment) the consumer may go against the manufacturer or importer.
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