I have a dispute with Bacons Motorcycles, 739 -741 Eastern Avenue, Essex, 1G2 7RT fixed a new clutch to my Daelim Daystar in January 2012 and a new clutch cable. On 31st May 2012, the clutch failed. The garage has now replaced the clutch and are invoicing me 205 for this. I have informed the garage that under the services act and sale of goods act, the clutch needs to be durable and fit for purpose. I feel that it is not reasonable for a brand new clutch to have failed in this time and have refused to pay the bill.
I have sought some legal advice and been advised that the sale of goods and the services act provide me with a statutory right to the expectation that when the clutch was originally replaced in January 2012 it was fit for purpose, specified appearance and finish, freedom from minor blemishes, safety and durability. I feel that the failure of the clutch as evidenced by its breakdown indicates either bad service or a faulty clutch. I had the vehicle recovered by the AA and they indicated that in their opinion it is not reasonable for a brand new properly installed clutch taking into account wear and tear to fail.
When the clutch failed I asked the garage whether I would have to pay, the manager asked me when it was installed, I advised him and he said he hoped not. On Saturday 16 June he advised me that the bill was 203 ad I immediately advised him that I was disputing the bill as I feel that as the clutch fault occurred under 6 months that it should have been replaced free of charge. I am now refusing to return his loan bike and investigating taking the matter to the claims court. This is the worse customer service I have ever had which coupled with his supercilious attitude ensures I will never use or recommend his buiness.