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monopolized warranty
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Topic: monopolized warranty (Read 3811 times)
wvcruiser
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monopolized warranty
«
on:
January 03, 2012, 04:03:50 PM »
You cant reset maintenance reminders and not everyone needs to pay for maintenance,Im not formally trained by ducati but there is nothing in the maint that i cant do,.Can anyone explain .Im sure therell be some smart alic answers but im serious.This looks to be the most expensive ownership ever.Riding for 30 years and 9 different bikes,never let anyone work on any whether it was routine or reactive maintenance.Can my warranty be voided if I do everything ? isnt there a law against this?
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HotIce
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Re: monopolized warranty
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Reply #1 on:
January 03, 2012, 05:28:29 PM »
Yes
http://en.wikipedia.org/wiki/Magnuson%E2%80%93Moss_Warranty_Act
.
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avizpls
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Re: monopolized warranty
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Reply #2 on:
January 03, 2012, 05:29:51 PM »
You're in good company
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Curmudgeon
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Re: monopolized warranty
«
Reply #3 on:
January 03, 2012, 05:59:38 PM »
If you bought it at Redline, just ride over the bridge and have them reset it on the Ducati computer. It's a large handheld and they just have to plug it in. Between you and them whether there is a nominal charge for the time.
BTW, they can't disable the function and they can't turn it off prior to the scheduled interval, e.g. you can't reset it at 6,500 for the 7,500. The reminder has to come on before it can be reset. At least it's not that offensive on your EVO, just a wrench symbol, not a light!
Lots of European cars have these too; not a bad thing as a large percentage of owners would run them until they croaked otherwise.
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2011 796 ABS "Pantah" - Rizoma Bar, 14T, Tech Spec, Ohlins DU-737, Evaps removed, Sargent Seat, Pantah skins
ducatiz
No trellis. no desmo. = Not Ducati.
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Re: monopolized warranty
«
Reply #4 on:
January 03, 2012, 06:38:18 PM »
You can do all of your own work and it will not void the warranty automatically.
For maintenance, save your receipts for things purchased like an oil filter or oil. Make sure both are of the same quality as OEM or better (i.e. use the recommended grade/spec of oil). Filters are not graded so they cannot hold that against you.
For engine items, you can do your own work, but you should log it in a folder. Even if it's just an entry with a date and mileage, that is often sufficient to show you did it. If you buy or replace anything, make sure to keep receipts.
A manufacturer cannot merely assert that you did something wrong, they have to PROVE it. That being said, it can end up in a lawsuit before you get them, but the aforementioned law does allow you to recoup legal expenses X 3 if they fight you and lose.
One more thing: the US is the only country in the world with aftermarket protection in law. In Europe, you have to go to an authorized dealer for EVERYTHING if you want to keep your warranty. Read some of the warranty docs that come with your bike, the ones for the UK or Italy and then compare them to the ones for the USA. It blows my mind, that it's so different. I can understand why a manufacturer wants to do it, but sheesh.
«
Last Edit: January 03, 2012, 06:41:21 PM by ducatiz
»
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"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 air—these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.
Howie
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Re: monopolized warranty
«
Reply #5 on:
January 03, 2012, 06:43:56 PM »
Unfortunately as of yet, AFAIK, no one has figured out how to reset the reminder without a scan tool. I'm sure someone will eventually. As HotIce linked, you can do your own maintenance and to void warranty the burden of proof would be on the manufacturer, at least technically. If you do your own maintenance keep meticulous records and keep all receipts.
Ducatiz beat me to it.
«
Last Edit: January 03, 2012, 06:45:32 PM by howie
»
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Curmudgeon
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Re: monopolized warranty
«
Reply #6 on:
January 03, 2012, 06:54:12 PM »
ducatiz, FYI. At least with cars, no manufacturer will typically challenge a shop or technician with all up-to-date ASE certifications and the necessary manuals and third party diagnostic gear. OEM parts required or identical, made by the OEM vendor.
No idea whether there is a similar industry training standard for bikes.
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2011 796 ABS "Pantah" - Rizoma Bar, 14T, Tech Spec, Ohlins DU-737, Evaps removed, Sargent Seat, Pantah skins
ducatiz
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Re: monopolized warranty
«
Reply #7 on:
January 03, 2012, 06:56:52 PM »
There is very little case history under this law -- manufacturers don't deny warranty claims except in the most egregious of cases, OR people don't try to sue.
Part of the "problem" is that warranties are contracts, however it might be possible to take them to small claims..
There is a very good story about this very issue
http://www.google.com/hostednews/ap/article/ALeqM5jbKQzVYp6Il-Anudku2pWRKIT_eg?docId=5ba8b31353a4476285daf84daa22bc3f
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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 air—these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.
Curmudgeon
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Re: monopolized warranty
«
Reply #8 on:
January 03, 2012, 07:18:30 PM »
Quote from: ducatiz on January 03, 2012, 06:56:52 PM
There is very little case history under this law -- manufacturers don't deny warranty claims except in the most egregious of cases, OR people don't try to sue.
Part of the "problem" is that warranties are contracts, however it might be possible to take them to small claims..
There is a very good story about this very issue
http://www.google.com/hostednews/ap/article/ALeqM5jbKQzVYp6Il-Anudku2pWRKIT_eg?docId=5ba8b31353a4476285daf84daa22bc3f
That's "La-La_land". Anything is possible!!! I'd be curious to read the wording for that model year on the Monroney Label. I can't see her winning her case in more "normal" states. She might have a better case against the dealer if she could prove her claim that she was categorically TOLD to expect that mileage. Even in NJ that would have been a coin-toss. As for service, we kept highly a highly detailed paper trail and I never lost a case, even though NJ courts are biased toward consumers. Even those county judges didn't want to be overturned on appeal
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2011 796 ABS "Pantah" - Rizoma Bar, 14T, Tech Spec, Ohlins DU-737, Evaps removed, Sargent Seat, Pantah skins
ducatiz
No trellis. no desmo. = Not Ducati.
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Re: monopolized warranty
«
Reply #9 on:
January 03, 2012, 07:27:45 PM »
Quote from: Curmudgeon on January 03, 2012, 07:18:30 PM
That's "La-La_land". Anything is possible!!! I'd be curious to read the wording for that model year on the Monroney Label. I can't see her winning her case in more "normal" states. She might have a better case against the dealer if she could prove her claim that she was categorically TOLD to expect that mileage. Even in NJ that would have been a coin-toss. As for service, we kept highly a highly detailed paper trail and I never lost a case, even though NJ courts are biased toward consumers. Even those county judges didn't want to be overturned on appeal
She has a very good chance given the different evidence standards in small claims.
if the difference in the advertised MPG was small, like 10% I think she would lose automatically, but she has made a very good case... it should be decided very soon, it was argued today.
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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 air—these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.
Curmudgeon
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Re: monopolized warranty
«
Reply #10 on:
January 03, 2012, 07:38:52 PM »
Quote from: ducatiz on January 03, 2012, 07:27:45 PM
She has a very good chance given the different evidence standards in small claims.
if the difference in the advertised MPG was small, like 10% I think she would lose automatically, but she has made a very good case... it should be decided very soon, it was argued today.
The mileage on the Monroney is stated based upon the EPA yardstick, not even Honda's. That has a variance alone of 20% and has wording of the sort that "your mileage may vary". So, how does she win against Honda when Honda only publishes the numbers tested and mandated by the EPA? You lost me.
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2011 796 ABS "Pantah" - Rizoma Bar, 14T, Tech Spec, Ohlins DU-737, Evaps removed, Sargent Seat, Pantah skins
kopfjäger
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Re: monopolized warranty
«
Reply #11 on:
January 03, 2012, 07:45:35 PM »
Quote from: Curmudgeon on January 03, 2012, 07:38:52 PM
The mileage on the Monroney is stated based upon the EPA yardstick, not even Honda's. That has a variance alone of 20% and has wording of the sort that "your mileage may vary". So, how does she win against Honda when Honda only publishes the numbers tested and mandated by the EPA? You lost me.
Lawyers
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ducatiz
No trellis. no desmo. = Not Ducati.
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Re: monopolized warranty
«
Reply #12 on:
January 03, 2012, 08:07:35 PM »
Quote from: Curmudgeon on January 03, 2012, 07:38:52 PM
The mileage on the Monroney is stated based upon the EPA yardstick, not even Honda's. That has a variance alone of 20% and has wording of the sort that "your mileage may vary". So, how does she win against Honda when Honda only publishes the numbers tested and mandated by the EPA? You lost me.
Because they did not state that variance in their literature for the vehicle. That's the crux of her argument. The Monroney numbers do state it, but she is using their published literature (Honda's) not the EPA's. When you buy the car, you get Honda's literature.
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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 air—these are all well and good. But none of them create a merry atmosphere of insouciance and bonhomie quite like a revving motorcycle.
muskrat
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Re: monopolized warranty
«
Reply #13 on:
January 03, 2012, 08:12:37 PM »
Quote from: ducatiz on January 03, 2012, 06:56:52 PM
http://www.google.com/hostednews/ap/article/ALeqM5jbKQzVYp6Il-Anudku2pWRKIT_eg?docId=5ba8b31353a4476285daf84daa22bc3f
that's just FUGLY! I'm not a fan of hybrid or the EPA's "testing" but that proposed settlement is absurd.
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Can we thin the gene pool?
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Re: monopolized warranty
«
Reply #14 on:
January 04, 2012, 06:13:23 AM »
Quote from: ducatiz on January 03, 2012, 08:07:35 PM
Because they did not state that variance in their literature for the vehicle. That's the crux of her argument. The Monroney numbers do state it, but she is using their published literature (Honda's) not the EPA's. When you buy the car, you get Honda's literature.
one of the other points that was apparently brought up in commentary is that how the EPA drives a vehicle in testing seems to generally differ to how the vast majority of vehicles seem to be actually driven....
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