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MachoGrande

Joined:

Sep 12

Posts: 3

MachoGrande says:

Help! My jacket damaged my bike!

Hi everyone,


I bought a new Dainese goretex jacket from Infinity motorcycle clothing in Farnborough two months ago. I was really pleased with the jacket as it did everything it should and was worth splashing out the extra cash for a warm and weather proof jacket.

I came back from work on my bike today and as I dismounted the bike I heard a loud ripping sound and thought what the hell was that?? I looked down and saw a gigantic deep scratch across my petrol tank. I then saw that on the lowest button of my jacket, the rubber cover for the button is half off and a load of paint has scraped off against the metal button underneath the cover.

The lower two buttons on the jacket have a soft rubber cover. I guess this is due to them constantly being in contact with the bike and thus to prevent any damage. It has obviously failed exposing the very sharp metal popper underneath.

Has anything like this happened to you? Did you manage to get the manufacturer to help pay for damages? Where do I stand on laying some blame against Dainese for their jacket damaging my bike? Do I have any right to expect them to pay for repairing the paint on my bike?

Any advice here would be very much appreciated!

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  • Posted 2 years ago (28 September 2012 12:32)

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shuggie1

Joined:

Apr 07

Posts: 1567

shuggie1 says:

Unlucky

Doubt you have any recourse against the manufacturer... Sorry, down to you. Maybe look at a tank pad to cover the scratch?

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MarcusMarsh

Joined:

Aug 09

Posts: 2696

MarcusMarsh says:

Bike damage

I expect that the damage to your bike will be considered consequential damage and the jacket manufacturer will not be liable.  Their liability is limited to repair / replacement of the faulty jacket and not for any other losses that arise as a consequence of the damage to the jacket.  It's rotten luck but the repair to the tank will be down to you. 

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bbstrikesagain

Joined:

Nov 08

Posts: 871

it's only

their warranty that is (insofar as local law allows) limited by their dandy words.


Perhaps the supplier and/or manufacturer will act on goodwill, or maybe you should you pursue the supplier under the Sale Of Goods Act?


Check Consequential Loss under Section 5.  As long as you mitigated their losses, e.g. you weren't knowingly riding around with a faulty popper, then the supplier can be held responsible for direct consequential losses cause by the defect in the goods they supplied.


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MachoGrande

Joined:

Sep 12

Posts: 3

MachoGrande says:

paint scratch

Thanks for the replies.


I have a tank pad in the usual spot but brilliantly the scratch is beside it!

The guys at Infinity Farnborough have been pretty understanding. They have taken pictures and written a letter to Dianese explaining the situation, so I'll wait for a response.

I think your right though, anything is likely to be good will. I was hoping for someone who had any related or similar incident who could offer some insight.

Thanks bbstrikesagain ill check in to all you suggested. Sounds plausible.

Many thanks! Ill post an outcome later.

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