Snapshot. If your motorcycle is defective, Philippine law gives you multiple layers of protection: (1) Express warranties in the maker’s/dealer’s booklet; (2) Implied warranties under the Consumer Act and Civil Code; and, for brand-new units, (3) the Lemon Law for brand-new motor vehicles. Your remedies range from free repair, replacement, or refund, up to damages—with quick enforcement paths through DTI and the courts. This guide explains each remedy, what counts as a “defect,” how to document your claim, the exact steps to force compliance, and ready-to-use letters.

1) What counts as a “defect”?

Manufacturing/quality defects: abnormal noise/vibration, engine stalling, electrical failures, brake issues, leaks, misaligned chassis, etc.
Non-conformity with specifications or the warranty booklet (e.g., quoted fuel system, ABS, or features not functioning as warranted).
Hidden defects (Civil Code): flaws not apparent at delivery but that render the bike unfit or diminish its fitness so much that you wouldn’t have bought it or would have paid less.

Exclusions typically include wear-and-tear or misuse (e.g., racing/overloading), unapproved modifications, neglect of prescribed maintenance, and consumables (tires, brake pads, bulbs) unless they fail due to a covered defect.

2) Your legal shields, layered

A) Express warranty (contract/warranty booklet)

Binds the manufacturer and authorized dealer to repair/replace specified parts without charge for a stated time or mileage (e.g., 12–24 months; 10–20k km; parts vs. labor coverage).
Requires proper maintenance and service at authorized centers, within intervals in the booklet. Keep receipts.

B) Implied warranties (Consumer Act + Civil Code)

Merchantability: the bike must be fit for ordinary use.
Fitness for a particular purpose: if you relied on the seller’s advice (e.g., for long-distance touring) and the bike fails that use.
Hidden defects (Civil Code): seller answers for latent defects existing at delivery. Claims should be asserted promptly after discovery (do not sit on them).

C) Lemon Law (Brand-New motor vehicles, including motorcycles)

Applies to brand-new units bought in the Philippines.
Coverage window: typically within 12 months from delivery or within the first 20,000 km, whichever comes first.
Non-conformity: a defect that substantially impairs the vehicle’s use, value, or safety and persists despite repair attempts.
“Reasonable number of attempts”: generally four (4) repair attempts for the same defect or when the bike is out of service for 30 cumulative days for repairs within the coverage window.
Final repair attempt: after you send a written Lemon Law notice, the manufacturer/dealer must be allowed one last chance to fix the defect.
Remedies if it still fails: replacement with a comparable unit or repurchase (refund) less a reasonable allowance for use (a mileage-based deduction). Government fees/insurance may be handled per law and practice.

Practical rule: For a brand-new defective motorcycle with persistent faults, escalate to a Lemon Law claim after you hit the attempts/days thresholds; otherwise, push express/implied-warranty repair/replacement or a refund under the Consumer Act.

3) The standard remedy ladder

Free repair under express or implied warranty (parts + labor) within a reasonable time.
Replacement of the unit or defective assembly when defects persist or are safety-critical.
Refund/price reduction when repair isn’t feasible, takes too long, or the defect substantially impairs use/safety (and, for brand-new units, after satisfying the Lemon Law steps).
Damages (moral, exemplary, incidental) for bad-faith refusals, deceptive practices, or unsafe products.

Note: The Consumer Act protects you against deceptive sales practices (e.g., mislabeling, concealing accident/ flood damage in a “new” unit). Those can trigger administrative and criminal liability for the seller on top of your civil remedies.

4) Documentation—what wins cases

Sales documents: Sales invoice, OR, Delivery Receipt (DR), Warranty booklet, PDI (pre-delivery inspection) checklist, VIN/engine numbers.
Service history: Job orders, repair orders, service advisories, SMS/emails, and all parts replaced.
Defect diary: Dates, mileage, symptoms, ambient conditions, dashboard codes/warnings.
Media: Photos/videos of symptoms (oil leaks, smoke, check-engine lights, wobble at speed), audio of abnormal sounds.
Expert notes: Written findings from the dealer technician; if needed, third-party assessments (dyno/diagnostic scan) for clarity.
Written notices: Preserve dated letters and emails to the dealer/manufacturer (and their replies).

5) Exact steps to assert your rights

Step 1 — Notify the dealer/service center in writing

Describe the symptoms and request warranty repair. Attach proof of purchase and maintenance records.
Ask for a target completion date and escalation pathway (service manager/brand distributor).

Step 2 — Track repair attempts/out-of-service days

Keep all job orders; count attempts and days in the shop.
If a safety defect exists (brakes/steering/fuel leaks), demand an immediate fix or courtesy unit where policy allows.

Step 3 — Send a formal demand

If the defect persists, demand (a) free repair within a set date or (b) replacement/refund.
For brand-new units within Lemon Law window: send a Lemon Law Notice giving the maker a final repair attempt.

Step 4 — Regulatory help (DTI)

File a complaint with the DTI (Fair Trade/Consumer Protection; or the nearest Provincial/City Office). DTI handles mediation and adjudication through Consumer Arbitration Officers (CAOs).
Remedies can include repair/replace/refund, damages, and administrative fines.

Step 5 — Adjudication/Court

If unresolved at DTI or if you need urgent relief, file a civil action (sum of money/damages/rescission).
For clear amounts under the small-claims ceiling, use Small Claims Court (fast, no lawyers required at hearing).
For injury from a defective motorcycle, pursue quasi-delict (tort) damages against the seller/distributor/manufacturer.

6) Special situations

A) Second-hand (“pre-owned”) motorcycles

Express warranty may be limited or “as-is,” but sellers remain liable for hidden defects existing at sale. Act promptly upon discovery; notify and demand repair or rescission/price reduction.
If sold by a dealer, Consumer Act protections against deceptive practices still apply.

B) Dealer installed accessories/mods

If dealer-installed and part of the sale, defects are normally covered.
Third-party/aftermarket mods may void coverage only if the mod caused or contributed to the failure. The mere existence of mods is not a blanket excuse.

C) Accidents/misuse

Damage from crashes, racing, overloading, or neglect (e.g., skipped oil changes) may fall outside coverage; keep maintenance proof to rebut blame-shifting.

D) Recall/safety campaigns

If the brand announces a recall or service campaign covering your VIN, the fix is free. Participate immediately.

7) Negotiating outcomes that stick

Replacement: demand same model/spec or better; ensure a fresh warranty clock or written carry-over terms.
Refund (repurchase): clarify allowance for use computation (mileage-based deduction) and who eats registration/insurance costs; align on lien releases (if financed).
Financed bikes: coordinate with the lender to release the chattel mortgage upon refund/replacement; avoid ending up liable for installments on a lemon.

8) Frequently used letters (short forms—customize)

A) Warranty Repair Demand

Date: ________

Service Manager
[Dealer/Service Center]

RE: WARRANTY REPAIR – [Brand/Model, VIN/Engine], Delivery Date: [____], Odometer: [____ km]

I report the following defects: [brief symptoms]. The unit is within warranty/Lemon Law coverage.
Please perform warranty diagnostics and repair and confirm completion by [date]. Kindly attach your findings
and list of parts to be replaced. I will keep copies of job orders for my records.

[Name | Address | Mobile | Email]

B) Lemon Law Notice (Final Repair Attempt)

Date: ________

[Manufacturer/Distributor]
[Dealer]

RE: LEMON LAW NOTICE – Final Repair Attempt

My brand-new motorcycle [Brand/Model, VIN] has the following non-conformities persisting after
[no. of] repair attempt(s)/[__] days out-of-service: [list]. This substantially impairs safety/use/value.
Under the Lemon Law, please conduct your final repair attempt within [7–10] days of receipt.
Failing which, I will seek replacement or refund (with only the lawful allowance for use).

[Name]

C) Demand for Replace/Refund (Consumer Act/Lemon Law)

Date: ________

This is a formal demand for [REPLACEMENT / REFUND] of my [Brand/Model, VIN] due to persistent defects
despite repeated warranty repairs (Job Orders dated [list]). Kindly confirm within five (5) days.
Absent a satisfactory response, I will file a complaint with DTI and pursue damages.

[Name]

9) Practical checklists

Before filing anything

Gather sales/warranty docs, PDI, service records, photos/videos
Make a defect timeline (dates, mileage, job orders)
Confirm mileage/coverage window (Lemon Law vs. express warranty)
Draft and send written notice (keep proof of delivery)

At the service center

Insist on job orders with clear symptom codes
Ask for replaced parts (if allowed) or photo documentation
Record odometer in/out

When escalating

Send Lemon Law notice (if brand-new)
File DTI complaint with attachments
Consider Small Claims/civil suit for refund/damages

10) FAQs

Does the Lemon Law really cover motorcycles? Yes—brand-new motor vehicles generally include motorcycles. The defect must substantially impair use/value/safety and persist after the reasonable attempts or 30-day downtime rule.

How fast must the dealer fix the bike? Within a reasonable time. If repairs drag or parts are perpetually “on order,” you can escalate for replacement/refund depending on the warranty/Lemon Law thresholds.

Can a dealer refuse warranty because I missed one PMS? They may deny claims caused by missed maintenance, but they cannot void the entire warranty where the defect is unrelated to the missed PMS. Keep your maintenance receipts.

What if the defect causes a crash/injury? Preserve the bike in post-incident condition, document the scene, get medical records, and consult counsel about tort/product-liability claims against the seller/distributor/manufacturer.

11) Key takeaways

Write early, document everything. Job orders and dated notices win disputes.
Use the right lever: Warranty/Civil Code for repair/replace/refund; Lemon Law for persistent defects in brand-new units.
DTI is your quick enforcement venue; courts are there for refunds/damages and urgent injunctions.
Don’t accept endless “parts on order.” After reasonable attempts/downtime, pivot to replace/refund.
If financed, coordinate any repurchase/replacement with your lender to clear the chattel mortgage cleanly.

If you share your brand/model, delivery date & mileage, a list of job orders/dates, and what the dealer has already tried, I can draft a targeted notice (warranty or Lemon Law), and a DTI complaint checklist tailored to your case.