Exhaust fitment dispute.

[Jono]

Just after a bit of advice.
I purchased a pair of exhausts from Italy via a proper UK distributor whom I paid by Visa.
On arrival there were no fitting instructions and the holes in the hangars appeared to be to small for the supplied bolts. There were also lots of washers and a couple of sets of other bolts that didn't fit anywhere.
I took a photo of all the things I had received and raised a query regarding the bolts and hangar fitments with photos.
Two days later I was assured by the UK distributor that they had forwarded the images to the Italian company and these were the correct fittings for my bike. I queried them again and they repeated their assurance.
If you introduced the bolt head to the hole in the hangar it picked up the thread but it was a tight fit.
I decided to try and fit them, but when I tightened up the bolt in the bike hangar I noticed it had crimped the top of the exhaust which you couldn't see straight away as it was under the hangar.
I checked the other and that had a small mark on it as well. I took them off and contacted the distributor, again supplying photos of the problem.
9 days later I received an E mail to say they had in fact sent the wrong hangars and the bolt holes are to small with no adjustment possible.
At this point the MD of the UK distributor got involved and accused me of fitting the hangars knowing they were the wrong ones, despite them assuring me they were correct.
He then accused me of using something other than what they had supplied to fit the exhausts (God knows what) and I had therefore damaged the exhausts, laughable if it wasn't so serious.
I asked if they would replace / repair the exhausts as they had supplied the wrong fitments.
He has refused to answer that request and seems happy to try and shift the blame my way so far.
Is that an unreasonable request?

 

[Squag1]

They messed up!!

 

[Duck n Dive]

My view.

No, as supplied it's not fit for purpose.

Reject the goods with whoever you paid for them.

Request a refund and if they hesitate make the claim against visa.

If you've got the evidence in writing (email) that you've queried and been told everything is OK followed by oops it's wrong then I don't see how they can wriggle out.

 

[johnboy]

+1

 

[DEG5Y]

If you have no luck any other way, try taking your dispute through VISA.

 

[Duck n Dive]

Last option if they kick back against visa (can they?) is to go to through the small claims court.

You can do it on line and then you also reclaim all your costs at the same time. So you add on call costs, your time, cost of claim etc. The only problem with that is that small dodgy companies just go out of business and start up again with a slightly different name. But they'd be a proper dodgy outfit if they readily do that.

 

[Jono]

Thanks for the replies. Think I'll go down the reject route as they are being a pain about it. I think the MD knows they've ordered the wrong parts as the part No's on my copy of the order form are different from the parts No's on the Italian website for the same exhaust. Even though I made it clear the year of my bike.

 

[sr71caspar]

Make sure you screen shot part no.s and keep all correspondence as evidence.

 

[Jono]

Make sure you screen shot part no.s and keep all correspondence as evidence.

Thanks, yeah I've got the E mail trail and the part No's saved.

 

[andyBeaker]

As,above, don’t make it more stressful than necessary, contact visa.

 

[Jono]

Messaged him of my intentions, now added blaming me for overtightening the hangars to the other things I "must" have done. says he's never seen anyone do what I have done to the exhaust,(crimp the top), Well maybe all the others had the correct parts in the first place.

 

[Squag1]

Instructions would have helped!!

 

[Jono]

Instructions would have helped!!

His opinion on that, "Any competent mechanic or person with suitable experience would not need instructions". Apparently having fitted aftermarket exhausts to at least 8 of my previous bikes without any problems, (With instructions and the correct parts), didn't count. he really is thrashing about.

 

[Duck n Dive]

So is he actually saying "no"

It sounds to me he's trying to avoid actually saying anything final?
Sounds like he's continually keeping the "debate" going?

If it were me I'd want to control the dialogue by putting a "I reject the goods as unsatisfactory" into writing.

If you bought on line you have 14 days to reject (isn't that right?).
Is he trying to keep the dialogue bouncing around until that option expires?

Reject the goods pronto and claim refund, you can always change your mind later if he offers an acceptable resolution.

Bouncing back and forth isn't actually progressing

What to you is an acceptable solution?

1. Reject goods, money back.
2. Correct fitting kit and accept the marks on the silencers.
3. Replacement of silencers and fitting kit.

Frame your response on where you want to be....
.

 

[Squag1]

By his statement he's confirming again that you they didn't supply instructions.

 

[Squag1]

Sometimes registered letters changes the attitude

 

[slim63]

No point in bouncing it around anymore he has made it clear he is trying to avoid paying up

Simply do not try to deal with him anymore and claim your money through visa as the goods are not fit for purpose, I find doing it with someone at the bank in person usually gets the money back in your account straight away then it is their problem to sort it out

 

[Jono]

So is he actually saying "no"

It sounds to me he's trying to avoid actually saying anything final?
Sounds like he's continually keeping the "debate" going?

If it were me I'd want to control the dialogue by putting a "I reject the goods as unsatisfactory" into writing.

If you bought on line you have 14 days to reject (isn't that right?).
Is he trying to keep the dialogue bouncing around until that option expires?

Reject the goods pronto and claim refund, you can always change your mind later if he offers an acceptable resolution.

Bouncing back and forth isn't actually progressing

What to you is an acceptable solution?

1. Reject goods, money back.
2. Correct fitting kit and accept the marks on the silencers.
3. Replacement of silencers and fitting kit.

Frame your response on where you want to be....
.

I've laid out the resolution I want but he's refused to answer in an earlier E mail, just keeps trying to shift the blame through spurious accusations. So told him I'm rejecting them as not fit for purpose, consumer rights act gives you 30 days from receipt to reject. Packed them up and sent them back. Doubt I'll get any joy from him so have contacted Visa who have asked for the E mail trail which I have supplied. Waiting game now.

 

[Jono]

No point in bouncing it around anymore he has made it clear he is trying to avoid paying up

Simply do not try to deal with him anymore and claim your money through visa as the goods are not fit for purpose, I find doing it with someone at the bank in person usually gets the money back in your account straight away then it is their problem to sort it out

yep, that's the chosen route.

 

[sr71caspar]

I probably wouldn't have sent them back until a refund was issued.
I hope you sent them signed for/recorded.