Legal Advice for Motor Problems


Questioner

On September 11th my motorcycle stopped while driving because of a broken tooth in the gearbox. The motorcycle is a Triumph Explorer, 4.5 years old, 18,000 km driven. Because in the opinion of the Triumph mechanic this does not fall under normal wear and tear (he indicated that with normal use a gearbox should last the lifetime of an engine) and the engine has always been used and maintained properly, it can be stated that the product is defective and does not meet the expectations set (non-conformity). I I indicated via the dealer that they should submit a request for repair/replacement under warranty to Triumph Netherlands on my behalf. However, this was rejected, I then wrote a letter myself with a rejection as a response. I then contacted them by phone and they told me that it is indeed not normal for such damage to occur, but because the engine is 4.5 years old (2 year warranty) and its first 2 services have not been done by a Triumph dealer, they are waiving 'goodwill'. However, Triumph does acknowledge that checking and/or maintaining a gearbox is not part of a standard maintenance service. I also asked for a solution that would be acceptable to both parties (I am prepared to contribute), but that was also not responded to. Conclusion is that my almost €20,000 motorcycle (top model of Triumph) needs a total of €2,300 in maintenance. I have previously reported to them that I do not find the motorcycle to be in accordance with the expected quality (non-conformity) but they do not agree. Because I don't think it's appropriate to be fobbed off for this, apart from the money, I want to see what other steps I can take to get a better outcome. I sincerely hope that someone can help me with this.

Lawyer

It is an annoying issue because you are outside the warranty period. However, it is true that a 'gear' may not simply break off after 4 years (inferior quality) and you could report this to the supplier. You may contact me directly for further information. Perhaps I can be of some help to you.

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