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CONCILIATION & ARBITRATION - A guide for the customer A customer who has a complaint about the quality of the goods and service to his motorcycle should in the first place and at the earliest opportunity refer it to the dealer concerned. Any serious complaint, preferably in writing, should be addressed to a senior executive, a director, a partner or the proprietor to the dealership. Some dealers will have an executive specially appointed to deal with complaints. If the complaint relates to warranty on a new motor cycle and the dealer is unable to resolve the matter, the customer should take his complaint direct to the manufacturer concerned. Any complaint must be in writing and should be addressed to: The National Conciliation Service 9 North Street Rugby CV21 2AB whether the complaint refers to a manufacturers warranty or lies against a member of the Motorcycle Industry Association. All complaints referred to the National Conciliation Service within a reasonable time of the cause for complaint arising will be considered. The National Conciliation Service should aim to complete conciliation within 3 months. This target should however be regarded as flexible and should not be invoked to terminate prematurely cases which are proceeding satisfactorily towards settlement. Parties in dispute should be informed in writing of the target times for the handling of cases. If the National Conciliation Service fails to resolve the complaint, and the customer applies for arbitration except in those cases where the trade association is of the opinion that it would be unreasonable for the member to be required to do so. An application for arbitration and a copy of the arbitration rules can be obtained from the trade association. In order to keep costs as low as possible, the arbitration will be on a documents-only basis without attended hearings except when the arbitrator is able to arrange a local hearing at no cost to the parties involved in the dispute. The claimant and respondent will be asked to sign the application form and pay a registration fee. The arbitrator has discretion to refund the fee to the successful party. The National Conciliation Service will submit to the arbitrator all of the documentary evidence in their possession relevant to the case. The arbitrator will advice the parties to the dispute of the written evidence he has available on which to base his judgement and invite the parties to submit any further evidence which they consider relevant. The arbitrator will have the power to direct any party to provide him and the other party(ies) any additional document or information he considers to be relevant to the matter under dispute. The award of the arbitrator and, where requested, the reasons for his decision will be published in writing to the parties to the dispute and to the relevant association. The award of the arbitrator is enforceable in the courts by any party. The arbitration schemes are administered by the Independent Panel of Arbitrators or under comparable arrangements approved by the Director General of Fair Trading. |
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The Motor Cycle Industry Association Limited
1 Rye Hill Office Park, Birmingham Road, Allesley, Coventry, CV5 9AB Registered in England No. 1113282. |
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Tel: (024) 76 408 000 Fax: (024) 76 408 001 |
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