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

[junior varsity]

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

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.

[ducatiz]

Absolutely.  Once it has gas on it you've got to cleanse the gas and let it completely dry. 

[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]

+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]

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.

[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]

^^ 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... 

[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]

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/

[junior varsity]

not class actions!

[ducatiz]

not class actions!

well, when it comes to warranty actions, the vast majority are.

[junior varsity]

true dat.   i drive a GM vehicle, i know how that goes.

[Scissors]

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"  ...... reductio ad absurdum.