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Title: Faulty ABS - who's to blame?

Date: 29 March 2013

I often read your column in MCN and I think I may need your help.

I own a BMW K1200S '06 reg, that I put into a BM dealers for servicing (dealer serviced from new) fitting a new rear tyre and repairing/servicing the brakes. This entailed fitting new pads front and rear, changing all brake fluid, replacing rear caliper. Whilst this has been in (26th Nov and still there due to parts delivery) I have now been told the ABS sender unit is now faulty (an additional £1500 repair). There was nothing wrong with it when it went in. They have been working on the brakes and now tell me its just my bad luck, its a nechanical fault thats due to age and not their fault. The first round of works £1200 and now this.

I find it hard to believe that the ABS fault is not connected to the works being carried out but they want me to pay for it. Where do I stand ? They claim to have contacted BMW UK to help with costs but to no avail.

Chris Gibson, by e-mail

Answer

Thank you for your e-mail. To determine whether or not this I something the dealership has done (or if it was in fact already an issue when you took the bike in yet one that was not discovered at first) you will need to instruct an independent engineer to inspect the bike. You should agree with BMW that he may attend for this purpose. You will be responsible for the cost of the engineer’s attendance/report but if it finds fault with BMW then you would have good grounds to request that BMW pay for rectifying the problem and for reimbursing the cost of the engineer’s report. It may be that BMW will agree to the joint instruction of an engineer sharing the cost and you both agreeing to be bound by the findings of such a report.

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