Plastic Tank problems: Discussion thread, see info thread sticky for updates

Started by ducatiz, June 09, 2009, 12:56:37 PM

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junior varsity

Quote from: ducatiz on October 18, 2011, 02:57:41 PM
I can make the legal argument that coating a tank is no different from painting a car especially when it involves a well known problem with the tank material.  The manufacturer must prove - not just assert- that the modification is the CAUSE of the failure.  No coating would cause this failure.

I know some good dealers but none of them know their ass from a hole in the ground when it comes to warranty laws.



+1.   Magnusson-Moss would allow you to coat it and unless the coating causes the failure, your warranty is intact.

Warranty Law is something many people misunderstand.  The most common example is whether taking your bike to be serviced by a non-dealer will invalidate your warranty.

David Lowenstein

OK.  So it sounds like you would recommend choice "B" (have the dealer send it out for coating before installing/filling it with fuel) or "C" (have the dealer install/fuel the new tank, then remove/clean/coat it myself).  Am I correct in believing that there's a real benefit to coating it before it's ever been filled with fuel?

Dave

Quote from: ducatiz on October 18, 2011, 02:57:41 PM
I can make the legal argument that coating a tank is no different from painting a car especially when it involves a well known problem with the tank material.  The manufacturer must prove - not just assert- that the modification is the CAUSE of the failure.  No coating would cause this failure.

Dave in DC: 67 Jaguar E-Type OTS S1/71 Ford F-100 Styleside/79 Triumph T140E Bonneville/15 BMW R1200GS/13 KTM 300 XC-W/04 Yamaha TT-R250/04 & 05 Honda CRF 250X/Keeping parts guys in business nationwide

ducatiz

Absolutely.  Once it has gas on it you've got to cleanse the gas and let it completely dry. 
Check out my oil filter forensics thread!                     Offended? Click here
"Yelling out of cars, turning your speakers out the window to blast your music onto the street, setting off M-80 firecrackers, firing automatic weapons into the airâ€"these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.

junior varsity

I would do option "B".   If it swells, then the coating failed to protect it from swelling --> The coating didn't cause the swelling, and warranty is intact. Dealer will not examine interior of tank prior to filing warranty claim anyhow, but if they did, they would be wrong to deny your warranty claim based on having the tank coated. Whether you would want to fight them about it is up to you.

Howie

Quote from: j v on October 18, 2011, 03:06:13 PM
+1.   Magnusson-Moss would allow you to coat it and unless the coating causes the failure, your warranty is intact.

Warranty Law is something many people misunderstand.  The most common example is whether taking your bike to be serviced by a non-dealer will invalidate your warranty.

It is true that the manufacturer would need to prove the modification caused the failure.  It is also true you could be looking at a court battle.  Then again, if the coating fails and causes damage to the fuel system you own it.  This may be why many dealers shy away from doing it.

ducatiz

Quote from: howie on October 18, 2011, 10:41:32 PM
It is true that the manufacturer would need to prove the modification caused the failure.  It is also true you could be looking at a court battle.  Then again, if the coating fails and causes damage to the fuel system you own it.  This may be why many dealers shy away from doing it.

I believe we were referring to a circumstance of the coating merely not working to prevent tank expansion.

If the coating acctually caused some damage the absolutely its not going to be warranteed.

Not a lot of warranty kickbacks end up in court because the warranty act allows for damages on top of attorney costs to be awarded.
Check out my oil filter forensics thread!                     Offended? Click here
"Yelling out of cars, turning your speakers out the window to blast your music onto the street, setting off M-80 firecrackers, firing automatic weapons into the airâ€"these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.

junior varsity

^^ what he said. If it causes issues, you definitely on the hook, but if it just doesn't work, you'd be ok.  atty costs is a nice settlement catalyst to be sure

ducatiz

Quote from: j v on October 19, 2011, 06:09:36 AM
^^ what he said. If it causes issues, you definitely on the hook, but if it just doesn't work, you'd be ok.  atty costs is a nice settlement catalyst to be sure

just look at the current lawsuit and how it settled so quickly...  [roll]
Check out my oil filter forensics thread!                     Offended? Click here
"Yelling out of cars, turning your speakers out the window to blast your music onto the street, setting off M-80 firecrackers, firing automatic weapons into the airâ€"these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.

junior varsity

i believe its "a good thing", re: settlements - it saves everybody money overall - less attorneys fees, less court fees/infrastructure required, less total expended for a positive net result.

ducatiz

Quote from: j v on October 19, 2011, 07:19:15 AM
i believe its "a good thing", re: settlements - it saves everybody money overall - less attorneys fees, less court fees/infrastructure required, less total expended for a positive net result.

http://www.classactionwatch.org/
Check out my oil filter forensics thread!                     Offended? Click here
"Yelling out of cars, turning your speakers out the window to blast your music onto the street, setting off M-80 firecrackers, firing automatic weapons into the airâ€"these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.

junior varsity


ducatiz

Check out my oil filter forensics thread!                     Offended? Click here
"Yelling out of cars, turning your speakers out the window to blast your music onto the street, setting off M-80 firecrackers, firing automatic weapons into the airâ€"these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.

junior varsity


Scissors

Quote from: j v on October 17, 2011, 11:12:21 AM
And switch to a heavier steel tank? no thanks, the old bikes came with 'em & they weigh a whole lot. 

I'd rather have a bit more weight and a bit less "you might get stranded or killed".  And the weight difference is something like 4-7 lbs.  Not exactly significant.

junior varsity

4-7 lbs up top? I'd call that significant for "up top" weight.    .... "stranded or killed"  ...[roll]... reductio ad absurdum.