Blew out a belt on the highway. NOT COVERED UNDER WARRANTY

[gnostic203]

That sucks man, I feel your pain.  My 08 KLR 650 has been parked since eight months after I received it because it burns a quart of oil every 500 miles.  You have to fight the good fight but its not an easy fight.

Good luck to you and keep us posted on your inevitable victory!

[bigtime]

Sorry to hear about it.  I'd be talking to whoever did your first service, it sounds to me like someone dropped a screw or something when doing the belt inspection.  I got my bike back from my first service and 3 screws were missing and all of the remaining screws were loose.  That's why I do all of my own work now.  I also run open belt covers, I see (and inspect) my belts every time I ride and I'll change them long before the schedule. 

On another note, if Ducati agreed to your claim tomorrow you probably won't have the bike on the road for three to six months.  Ducati maintains very little parts inventory in the U.S. and they're notoriously slow with delivery.  To add to the pain, Italy is essentially closed until September...

[LUKE]

To add to the pain, Italy is essentially closed until September...

I lose twice

[LUKE]

some guy at Ducati:

Thank you for taking the time to speak with us yesterday regarding the warranty claim on your 2007 Ducati Monster S4R.  While we sympathize with your current position regarding your Ducati Monster however, it has been determined that the problem you experienced is not due to a defect in materials or workmanship.  Therefore, the repairs will not be covered under warranty.

 The Ducati limited warranty details the specific terms of coverage that apply to every new Ducati motorcycle, for a period of two years from the date of original sale.  For your reference I have attached a highlighted copy of the 2007 Ducati Limited Warranty.  Please review all of the highlighted sections as they apply directly to your situation.

 Ducati must adhere to its warranty policies in a uniform and consistent manner that is fair to all customers.  We apologize if this issue cannot be resolved to your satisfaction.

I assure you that Ducati makes every effort to provide the highest level of customer service possible.  Unfortunately, at this time Ducati must consider this determination final.  It is our hope that you understand our position and continue to remain a loyal Ducati enthusiast.


Kind regards,

Mike Norman
Technical Representative-
Customer Service


Me:


Mr. Norman
 
I would like to reiterate my extreme dissatisfaction in your decision.  I will also expect you to provide me the visual evidenced and inspector's notes that you have used to come to your decision just as you agreed to do during our conversation. 
 
I actually have been a loyal Ducati enthusiast and have purchased two new Ducatis over the last three years.  I have also spent a significant amount of money on official Ducati accessories and gear.  Besides my fiscal investment I have been a part of the Ducati community and enthusiastically introduced many people to the brand in my market. 
 
On a personal note I now feel foolish for caring so much about a company and promoting a brand that has decided that only the bottom line is important and not the people involved.  This process has been a disappointment from the start.
 
Furthermore I reject your attempt to finalize this matter as I do not agree with your theory OR see it as relevant.  At this time you have not taken the necessary steps to prove your theory and I am not in agreement with your findings or decision.
 
Please reconsider your stance on this matter and take action in my behalf and I will continue to be an enthusiastic owner of Ducati motorcycles.

[LUKE]

I am assuming this means I'm cooked and should start sucking it up.

[Hedgehog]

It means you may need to pay a consultation fee to an attorney who is knowledgeable about the warranty laws in your state.

[Ducatiloo]

Mr. Norman hasn't replied to your last letter right?  IMHO would wait until he does to take legal action.

[mitt]

It means you may need to pay a consultation fee to an attorney who is knowledgeable about the warranty laws in your state.

I hate to use the word attorney, but in this case, it might be the best option.  I would still collect ALL the instances of this happening you can find - pm the members in your thread that have first hand experience and get their names and any other related info.

The rep said in his letter consistency is neccessary, and you already have 2 examples here were Ducati stepped up, so according to his theory, you should get help too.

mitt

[LUKE]

Same guy at Ducati:

I am very sorry that you are not satisfied with our decision. 
 
We inspected your motorcycle carefully and found no defect in materials or workmanship from the factory that would cause such a failure.  As we agreed during our discussion, belts do not “just fail” in a manner as your belt has failed.  There is evidence on the crankcase of a foreign object that was trapped between the engine case and the belt.  There is further evidence that the belt covers that were on the motorcycle at the time of the dealer’s inspection were not those that were on the motorcycle at the time the belt failed.
 
Since no part of the motorcycle failed as a result of materials or workmanship from the factory, the Ducati Limited Warranty does not apply.  Once again, we can sympathize these repairs are costly.  However, the evidence I have discussed suggests that the cause of the belt failure is a result of foreign debris that was introduced due to alternate belt covers or lack of belt covers.  The absence of the correct belt covers allowed debris to enter the belt area and cause this failure.

Ducati has made their best effort to resolve this issue amicably and we have attempted to explain our position and conclude this matter in a reasonable and professional manner.  Ducati must consider this issue closed.

Regards,



 

[Ducatiloo]

Does anyone else the dmf have dealer documented belt failure due to the wrong tension?

[LUKE]

Only problem is there was no debris when I removed the belt covers.  Just chunks of belt.
I wish he would show me his evidence.  I'll have to wait a week to drive 100 miles to see my bike.

[DrDesmo]

Only problem is there was no debris when I removed the belt covers.  Just chunks of belt.
I wish he would show me his evidence.  I'll have to wait a week to drive 100 miles to see my bike.

A motion for discovery would probably help that process along *cough

Adam

[Hedgehog]

Only problem is there was no debris when I removed the belt covers.  Just chunks of belt.

And that, along with several clear 10x12 pictures of the broken belts and your aftermarket covers, is exactly what you are going to have to swear to in front of the small claims judge after you've spoken to an attorney.  He will tell you whether you really have a case or not, and he will also caution you not to act like you're an attorney.  Listen to every thing he says.

NOTE: I am not an attorney.  This is not legal advice.

[aaronb]

unreal.

[Howie]

At this point I would politely deny this damage not a defect/workmanship issue in writing, not e mail.  Insist they send another "expert" to inspect the bike.  If your vehicle was dealer maintained supply copies of those records.  If the problem is due to poor work done by an authorized dealer it is their problem.  Do consult a lawyer for advice, but don't have an attorney send a letter yet.  If you need to, have your dealer fix the bike while fighting.  Do take photos (real film) and save all old parts.  Customer paid, you are entitled to keep all the old parts.  

Keep in mind an employee inspected the bike who may want to impress the boss.  One person does not always represent a company.