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TechnicalBuying & Selling
Much of the following material also appears elsewhere on this site. We thought, however, that it would be useful to bring it together in the context of buying and selling bikes. Needless to say the information is not just applicable to buying and selling bikes. If you would like to see other topics included please let us know by e-mailing: Insurance: Top Tips:
MAJOR WARNING: When taking out insurance don't tell lies - an invalid insurance policy can be disastrous for you. We have even known it lead to bankruptcy in the event of a claim against you. If for one reason or another your insurance company invalidates your insurance you are personnally liable to others Financial Help: When buying a bike financial help comes in various shapes and sizes. Broadly speaking however there are personal loans: hire purchase: dealer finance. As always shop around for the best deal and understand the small print before you commit yourself. A shorter period loan will generally be cheaper, but the instalments rather larger. Check the Annual Percentage Rate (APR) which determines what you pay for borrowing. Secured loans (using for example your house as security) will carry a lower rate of interest, but on the other hand you risk your house. However, there are many insurance protection schemes around and you should certainly think about that prospect very carefully. Legal Aspects: A sale or purchase is a legally binding contract carrying with it both benefits (rights) and the burdens (obligations and conditions). A sale from a dealer is called a "consumer" sale and carries with it many more rights than a transaction between two private individuals. A consumer sale has the backing of the Sale and Supply of Goods Act 1994 plus other legislation. For example, a bike must be of satisfactory quality - but don't expect a silk purse for a sow's ear. A cheap old bike does not have to be in the same condition as a new, pristine one. Another legislative protection for "consumer" transactions is a wide right of rejection. A number of new consumer protections have been introduced over the last few years. One of these is the law surrounding the right to reject goods and to be put back into the position that you were before you agreed to buy. At one time, the right to reject was short lived and easy to lose – sometimes lost within a few days of purchase. Now under the Sale and Supply of Goods to Consumers Regulations
2002, the right may (effectively) be extended to 6 months. During that period
the onus is on the seller to prove that any defect was not present at the
time of sale. Even beyond that period your right may not be lost –
but the evidential burden of proving defects may be rather difficult. ONLY CONSUMER SALES ARE COVERED - NOT SALES BY A DEALER Warnings:- However, suppose the dealer acts totally reasonably, apologises, checks the machine over and assures you that all is well. You are prepared to accept it back but have reservations about what would happen if the assurances of the dealer prove to be misguided – and the machine ultimately proves to be irreparably damaged. In those circumstances can you preserve your rights? Probably yes. But you should write to the dealer (keeping a copy) stating that you rely on his judgement, as an expert, but reserving the right to reject the bike - and whenever the defect is revealed. To Buy or Not to Buy - That is the Question!: BUYING THE RIGHT BIKE FOR YOU is an obvious (but all too often forgotten) point. ask yourself the following questions:-
Do I Want: An
official import, parallel import or grey import? Since most bikes are imported, yours will probably fall into one of these categories. An official import carries a full manufacturers warranty. It will be built to UK spec and there should be no problem regarding servicing. Also if there is a recall you will be notified. Whilst the cost may be more than one of the other categories you have a certain amount of guarantee against hassle. Parallel imports are bikes that are available from the official UK importer but are sourced from overseas. Initally when parallel imports came in, in the late 1990s they often had non-UK spec, but nowadays they are more likely to have UK spec. Grey imports are those that are not officially imported but built for a different market - for example Japanese. Dealers/franchisees etc may be reluctant to assist with parallel and grey imports and there may be problems with conversion to UK spec. Sometimes, even with an official import, the first date of registration in the UK may be well after the manufacture date. The bike, for example, may have done the rounds of European countries before arriving on our own shores for first registration. With whatever category always ask pertinent questions:-
Boring Business: HPI Checks: Checks the history of the bike to advise if there is any finance owing, if it has been written off in an accident or genuine - also checks the National Mileage Register (tel: 01722 422 422) Log Book (ie V5): Ensure that the necessary procedures are followed with the DVLA and this document following a sale/purchase. The V5 provides valuable information about the machine together with the current and previous keepers. Remember that the registered keeper is not necessarily its legal owner. As a seller you should ensure that you complete the sale slip at the bottom of the V5 and send it yourself to the DVLA informing them of the change of ownership. If, after that, the bike is involved in an accident or a crime then you are covered. Insurance: When you change your machine do not forget to tell your insurer. Payment: Do not hand over a bike on the strength of a cheque - for small deals you can use cash - and for larger a banker's draft is more satisfactory. MOT: Required on any machines over 3 years old. Mechanical Matters: Compared with car drivers the proportion of bikers with at least a basic knowledge of mechanics is probably much greater. So that when it comes to buying a second hand bike in particular, they do so with much more knowledge and skill. However here is a short list of checks as an aide memoir.
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You can get the answers you need right here! Have a look in our Legal Advice section; a complete & practical A-Z of Motorcycle Law. For more personal or private advice please call our advice help line on 0808 1000 471 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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