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Buell Forum » 1125R Superbike Board » Archives 001 » Archive through October 07, 2009 » Should I claim Lemon Law? » Archive through September 23, 2009 « Previous Next »

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Rainman1ne
Posted on Tuesday, September 22, 2009 - 09:31 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Well I'm bringing it back in for the 7th clutch cover, that's right #7! I cant go 100 miles without it blowing out. It's been leaking so badly (spitting out fluid at least two feet when you pull in the lever) that my belly pans paint is lifting off, my exhaust is just about permanently stained and my swing arms paint is peeling off. I'm getting tired of dropping it off for them to keep around their shop for a week at a time. Who do I talk to? I know it's not the shops fault (or is it?), they are only as good as the parts they get and cant help me with proceeding with a lemon claim. Any advise would be greatly appreciated.
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Ponti1
Posted on Tuesday, September 22, 2009 - 09:50 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Holy crap! I've never heard of anyone having it spray out or even come close to what you're describing. You sure the shop didn't damage the area like the first time you got the cover replaced? Did you ever get the revised kit to actually fix the problem (new parts aside from cover and rubber gasket)?
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Cataract2
Posted on Tuesday, September 22, 2009 - 10:34 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Have you gotten Rev C as well as a new cover in case the current one is marred?
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Ponti1
Posted on Tuesday, September 22, 2009 - 10:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Cataract2, what is Rev.C? I've got a Rev.B cover, but haven't heard of a C...
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Rainman1ne
Posted on Tuesday, September 22, 2009 - 11:17 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Bought the bike 12/28/07, OEM COVER (REV A) started to leak around Feb. I was the lucky first of us all to have this problem and even more lucky to have my bike in the shop for a month waiting for them to figure out why and wait for parts. Two months later same thing, this time around the rev b cover was available. Two months later I was the lucky first to have the new rev b cover leak on me. Guess what happen two months later, and the pattern keeps going. This time though this leak is the worst with it actually shooting out of the breather hole, my friend almost got an eye full of dot4. As far as I know I still have a B cover on it, don't know the difference on B and C.
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Court
Posted on Tuesday, September 22, 2009 - 11:24 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

You certainly meet the requirements for the Texas Lemon Law.


quote:

Revised Civil Statutes, Art. 4413(36) §§ 3.08(i) (General Warranty Complaints), 6.07 (Warranty Performance Obligations), 7.01 (Judicial Review/Appeal)



4 unsuccessful repairs when 2 occur within shorter of 1 year or 12,000 miles and other 2 occur within shorter of 1 year or 12,000 miles immediately following second repair attempt, or 2 unsuccessful repairs of a serious safety defect when 1 occurred within shorter of 1 year or 12,000 miles and other occurred within shorter of 1 year or 12,000 miles immediately following first repair, or 30 calendar days out of service within shorter of 2 years or 24,000 miles and at least 2 attempts were made within shorter of 1 year or 12,000 miles.




Who have you been working with at Buell Customer Service?

P.S. - There are, as you may know 27 states and the District of Columbia that EXCLUDE motorcycles from their state Lemon Laws. I've posted the Texas stuff here for your information but there are better ways for you to go. Drop me a NOTE if you need help.
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Rainman1ne
Posted on Tuesday, September 22, 2009 - 11:26 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

To add to that, I don't know the procedure on the replacement covers ( what exact parts they use) so I don't know what gaskets and or o-rings they replace in these cases. I have never raised hell anytime I go to the dealership to have any service performed, the guys there are good guys and try their best. I don't want to be an a$$ but this is getting old and don't know where or who to talk to. I'm not looking for a free bike, this hasn't cost me anything because its still under warranty obviously.
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Rainman1ne
Posted on Tuesday, September 22, 2009 - 11:28 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I have never called customer service for any reason, never had to.
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Rainman1ne
Posted on Tuesday, September 22, 2009 - 11:55 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Here is the vid of the defective cover spitting out fluid. http://s244.photobucket.com/albums/gg4/rainman1ne/ ?action=view&current=Picture003.flv
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Gman5700
Posted on Wednesday, September 23, 2009 - 12:03 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

If what your saying is true, and from what i've read it looks like it is, then you really need to contact Buell C.S on this issue. Possibly fax them all the paperwork on the bike repairs you have had done and see what they say. Your bike was made around the same time mine was and i've only had to have it replaced once. In my opinion they may want you to take the bike to another dealership for repairs. I'm not saying the guys at your dealership are idiots just that if two dealers work on your bike and it still can't be fixed then Buell will probably replace the bike for you without you having to talk to lawyers and get them involved. And if you do at least you can show you went the extra mile to try and get the problem resolved. But definitely let Buell C.S. know whats up. In these hard times no business wants to lose a customer.
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Daggar
Posted on Wednesday, September 23, 2009 - 12:28 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I'd take Court up on his offer of help.
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Freight_dog
Posted on Wednesday, September 23, 2009 - 12:39 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

That video cracks me up.
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D_adams
Posted on Wednesday, September 23, 2009 - 01:21 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Heh, I had the same thing 2x with that cover and it shot out about 18" or so. Mine's been repaired/replaced 4x now.

(Message edited by d_adams on September 23, 2009)
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Court
Posted on Wednesday, September 23, 2009 - 06:40 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

>>>I have never called customer service for any reason, never had to.

You're going to need to, if ONLY to protect your rights. It's not being a pain in the butt, you are doing them a favor.

Be mindful that if someone looked at your bike, on paper, now, Buell has no knowledge of the problem.

The first thing to do it collect your VIN and the DATES of the SEVEN clutch covers that have been installed.

Do you have the paperwork for each occurrence?
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Boogiman1981
Posted on Wednesday, September 23, 2009 - 09:27 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

woohoo the joys of being in florida bikes are excluded!! at least they were a few years ago when i thought i had a lemon issue with my honda.


no back to your regularly scheduled thread
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Xl1200r
Posted on Wednesday, September 23, 2009 - 09:49 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I'd also take Court up on his offer, and you definitely need to talk to Buell CS on this. I think without talking to them, the issues with the stained/lifting paint will never get resolved.
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Carbonbigfoot
Posted on Wednesday, September 23, 2009 - 09:54 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Absolutely. No reason not to. Many reasons so.

R
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Redbuelljunkie
Posted on Wednesday, September 23, 2009 - 09:59 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Jeez... now I feel kinda dirty- was that a sample from some kind of hardcore porn video?
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Cataract2
Posted on Wednesday, September 23, 2009 - 10:05 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Rainman, Rev C uses the Rev B cover design, but the internals are much better. They should be to dealerships by the 25th of Sept. Least, that's the word I've gotten. I would suggest you talk with the service dept at your dealer and inform them of this. This is the part # for it X2086.1AM - Hydraulic Piston/Sleeve Kit. As others mentioned, you might also consider going to another dealership for it.
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P_squared
Posted on Wednesday, September 23, 2009 - 10:43 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Justin, just my $0.02 here:

1) Call Buell CS (414-343-8400)with all your info ready
2) Give them the dates & invoices of the 7 occurrences you've had the bike in & the dealer(s) involved.
3) Send Court the note with all info (V.I.N., dates, records, etc.) he requested.
4) Don't say/mention "lemon law" "attorney(s)" or "legal action(s)" at this point unless it's the only recourse you have available (which it currently isn't).

It "might" be an easy fix with the new kit, once they get here (X2086.1AM), or it might not, but it's in your best interests to contact BCS now & take Court up on his offer of help. Just my $0.02 & YMMV.
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D_adams
Posted on Wednesday, September 23, 2009 - 10:44 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I had the Rev C fix installed early last month (august) and had missed it back in late june by just a few days. They got it back 3 times this year alone, but it seems fine now.
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Chevycummins
Posted on Wednesday, September 23, 2009 - 12:23 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Rainman1ne, had my clutch leak "fixed" 3 times then finally got the new design piston, sleeve and seals this last time. After seeing the new part design I feel confident the leak is fixed now. Not even a sign of residue in the cover now.

If this is the only problem that you are having I would just get the leak fixed with the new parts. Or I'll trade you since my clutch is ok now but I still can't get the other problems taken care of on my bike.

No lemon law in Michigan.
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Chadhargis
Posted on Wednesday, September 23, 2009 - 12:30 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I'm keeping an eye on mine, and so far, I'm not seeing any leakage.

I am wondering why the leaks are occurring. Obviously it's a sealing issue, and seals aren't rocket science.

I'd call Buell Customer Service for sure. You'd not only be getting help for yourself, but also for the rest of us who might develop leaks in the future.
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Rainman1ne
Posted on Wednesday, September 23, 2009 - 12:59 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

At dealer right now, they actually agree with me on lemon law. Having all service records printed and will be calling CS today and try get a hold of you Court. Thank ya'll for the help so far. I'll keep you guys updated.
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Budo
Posted on Wednesday, September 23, 2009 - 03:58 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Even if it could be fixed correctly, what about the peeling paint problem?
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Rainman1ne
Posted on Wednesday, September 23, 2009 - 04:28 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I complained about it while I was there and he said he was gonna do the best he could to replace the swingarm, wheel, rear tire ( it was soaked in brake fluid) and see what he could do to get me remburised on repainting my bellypan. I work at a body shop so bellypan is no biggie for me.
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Ft_bstrd
Posted on Wednesday, September 23, 2009 - 06:39 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Rainman,

I sincerely hope you get your problems fixed. You have been more than patient. More than that, I sincerely appreciate your professional tone. I'm sure you are angry and disappointed about the condition of your bike, but you seem to be keeping a healthy handle on it here.

Professionalism in the face of consumer tribulations would make me (and hopefully BCS) WANT to help you.

Again, I hope this works out for you. I KNOW there is a positive solution to your problems and am confident that you will see it played out.

Good luck, and keep us posted!
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Hellgate
Posted on Wednesday, September 23, 2009 - 07:55 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

That vid rocked, cool sound track too.

I think you are more than justified to file a Lemon Law claim but call Buell CS, that are great folks and will try to make it right. I have a feeling that solution will be the quickest, legal cases can take forever and no one really wins in the end. As other have said, professionally explain to BCS what has happened, "Just the facts Ma'am."

Also what shop are you going to? I'm now going to Cowboy in Austin and they are great. They've warrentied my throttle bodies, fuel injectors and towers. Eric is an outstanding mechanic who cares, gets what customer service is and wants to make the customer happy. If all else fails it maybe worth taking it to them, if need be.
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Court
Posted on Wednesday, September 23, 2009 - 08:01 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

My PERSONAL suggestion is to avoid the Lemon Law at all costs unless you are a glutton for punishment and want a couple attorneys and a judge steering your destiny.

This is an easy case to resolve.

By the way . . . .that's my PERSONAL advise and I am a construction worker.
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Froggy
Posted on Wednesday, September 23, 2009 - 10:36 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)


quote:

Professionalism in the face of consumer tribulations would make me (and hopefully BCS) WANT to help you.




+1 to that, I occasionally over the computer help desk at work, and know that if you are pleasant on the phone, it is easier for everyone involved and typically get a resolution faster.
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