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Buell Forum » 1125R Superbike Board » Archives 001 » Archive through July 08, 2010 » Class Action Lawsuit » Archive through June 26, 2010 « Previous Next »

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Rodrob
Posted on Thursday, June 24, 2010 - 12:02 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

All,
As as group, I believe that it is time to consider initiating a class action lawsuit against HD, to recover financial damages that are the result of their failure to provide warranty repair and parts in a timely manner, and reasonable cost.
I strongly suspect that HD has slowed production of Buell parts to a crawl and intend to make parts available at their convenience. Also the inevitable result of reduced volume, is increased cost and I anticipate the parts for our bikes are going to get very expensive very soon.
IMHO the only possible relief from this will come the court. If nothing else, a suit would initiate discovery and we would be in a position to get all HD documents relating to the current and future production of Buell parts so that we would know where we stand.
I am not a lawyer, so if any of you law dogs out there see this differently, please chime in. However, we need to do something as this situation is just doing to get worse. Our first task IMO would be to document each and every delay in parts and/or service, and demand in writing to HD that they remedy the problem and and provide reimbursement for expenses incurred as a result these delays. Documentation is critical for establishing a basis for the case. If we act as a group, we might have a chance.
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Boogiman1981
Posted on Thursday, June 24, 2010 - 12:06 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

if nothing else maybe we could get the info on the suppliers so that we can buy direct?
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Samg
Posted on Thursday, June 24, 2010 - 12:31 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Lets start a list on all that would go in on this..
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1125rcya
Posted on Thursday, June 24, 2010 - 12:31 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I like this idea rodrob!
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Puredrive
Posted on Thursday, June 24, 2010 - 12:37 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Can we also get money for those that bought before the rebate? Just wondering.
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Froggy
Posted on Thursday, June 24, 2010 - 12:43 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)


quote:

I strongly suspect that HD has slowed production of Buell parts to a crawl




Not the case, as HD makes next to nothing for our bikes. Most of the parts are outsourced to a 3rd party supplier. Many of the backorders are due to the fact that had to renegotiate contracts with some suppliers. Also many parts are made in bulk, so there would have to be X amount of orders before they can be produced.

Also as far as I know, belts and stators are the only items with extended backorders.
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Syonyk
Posted on Thursday, June 24, 2010 - 12:49 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

No, no, haven't you been suitably convinced that Harley still loves Buell and will provide all needed parts promptly, because they have a 7 year agreement to do so????

If not, go post a thread about being dissatisfied with your bike. Someone (actually, a swarm) will be by shortly to Correct Your Views about how it's just character and uniqueness.

*sigh*

I haven't experienced any major delays, but haven't had any "Bike is down waiting on parts" issues yet.
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Tpoppa
Posted on Thursday, June 24, 2010 - 12:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

An ambitious attorney with expertise in Lemon Laws, Warranties, or Consumer Advocacy could certainly find some legal grounds here.

By HD not stocking certain parts, like stators, and ordering in batches...they are limiting parts availability. Lemon Laws in many states offer protection against this. If a vehicle is in the shop for 30 days in the first year, you can file a claim under some Lemon Laws. Not the same as a class action suit, but it is a legal way to put some pressure on HD.
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Boogiman1981
Posted on Thursday, June 24, 2010 - 12:55 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

in some states you can but in floriduh the lemon law does not apply to bikes(at least not last i checked).
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Porky
Posted on Thursday, June 24, 2010 - 04:43 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

How about a lawsuit regarding raw fuel flowing out onto the ground! I bet the EPA would like to know about that--not to mention the fire hazard etc. Flash this-flash that, fix that leak-fix that harness-fix that stator-fix the heat problem-fix the rideability etc etc!

Every new bike I've ever had has been perfect, right from the start! What is up with HD-Buell-Rotax?????

Oh well! Sam
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Rodrob
Posted on Thursday, June 24, 2010 - 11:14 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I respectfully request that this not degrade into an "I hate my Buell" thread.
I LOVE MY BUELL!!! So I want to be able to get parts.

"Many of the back-orders are due to the fact that had to renegotiate contracts with some suppliers. Also many parts are made in bulk, so there would have to be X amount of orders before they can be produced"

Exactly my point. Renegotiation based on fewer units ordered from HD = higher price points and longer production cycles and longer delays.
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Froggy
Posted on Thursday, June 24, 2010 - 11:44 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)


quote:

Exactly my point. Renegotiation based on fewer units ordered from HD = higher price points and longer production cycles and longer delays.




Such is the circle of life with parts for anything. Even with computer parts, they go up after a while from people trying to repair older computers rather than buy a whole system.

I've seen some XB parts go up a bit in price in the last year, but in all fairness many of them went up last summer before the announcement.
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Chevycummins
Posted on Friday, June 25, 2010 - 07:09 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Hope nobody needs any rims, kickstands, triple trees, brake or clutch levers!



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Fast1075
Posted on Friday, June 25, 2010 - 07:44 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Since most of the people that own '25s are well read, articulate and obviously intelligent. I submit the following...has anybody read the warranty? I think it says there are conditions that are to be worked under.

Harley who in the strictest terms has assumed the warranty responsibility of the now defunct Buell Company is responsible to follow the warranty contract as it is written.

My guess would be that they have carefully considered their requirements and are within the definition of the expressed warranty.

The other consideration is the rush to buy a unique product, in a lot of cases driven by "firesale" prices when Buell collapsed.

Unique products carry unique responsibility. I for one will never buy a product barely out of Beta unless it is so unique or has other compelling reasons for me to bear the risk of buying one.

Maybe it's just because I am mechanically gifted, maybe I am just stupid...but if I have one that ate a stator, I would engineer the solution, implement it and then go to the MOCO and say "hey look asshats, I came up with a solution to the problem...here it is...use it. Done...major contribution to society and acclamation the world over for achieving the impossible.

What is failing the stators will not take a rocket scientist to fix...use wire that has good enough insulation to be unaffected by the heat...bean counters dictate the cheapest materials possible in production...I found six companies on line that wind stators...a few hours of research and a relatively small amount of equipment would allow someone to rewind their own.

I have worked with consumer products all my life...I am in my 29th year in the A/C business...sometimes parts are hard to get..they are done in batches...if demand exceeds supply, there is a shortfall...and no amount of Danica Patrick temper tantrum foot stomping is going to change anything. Except provide some pleasant watercooler laughter in the MOCO legal department during coffee breaks.

You took a risk buying a unique product...man up.
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Brumbear
Posted on Friday, June 25, 2010 - 08:09 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Well done and that sir is my plan if mine goes will not leave it in the hands of a H-D dealer as many of them just don't care.I will pull it send it out and have it rewound I would have my machine up and running in less than 2 weeks.
I do however believe that if everyone that is applicable calls in a lemon law suit if they wait to long on something can eventualy light a fire under the moco arse and they would and could push the dealers to get them repaired faster and back to the customer sooner which is IMHO as big a problem for those not mechanical as the stators going bad.
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D_adams
Posted on Friday, June 25, 2010 - 09:14 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Who needs a kickstand?

http://www.EBRacing.com/shop/product114.html



Pfffft, $25. For that price, buy 2.
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D_adams
Posted on Friday, June 25, 2010 - 09:15 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

They actually have a large amount of stuff available.

It might be used or a take-off, but I'd bet it's in pretty good shape most of the time.

http://www.EBRacing.com/shop/page12.html
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Lastonetherebuys
Posted on Friday, June 25, 2010 - 09:26 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

they have tons of take off parts that are not listed on their site just takes a friendly email to them stating exactly what you have and what you are looking for. I enquired about a clutch cover (not the carbon cover) and erik himself emailed me back saying that when I was ready to buy they would email me an invoice with a final total and if I wanted to go through with it i would just have to pay that invoice and they would ship out what ever I wanted.
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Metalrabbit
Posted on Friday, June 25, 2010 - 09:57 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

How 'bout two weeks out on a R airfilter? The best H-D store in OR and 79th in the Nation. You know that store has a bar-bq every sat with a live band?? I just love going there, stab the R right between a bunch a chrome queens, the R and FieldSheer spattered with bugs&rode grime and walk right thru'em like Kryptonite, every YMCA & skull cap lookin' right at me. The animosity is there, no doubt about it, and its aimed directly at that bike.
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D_adams
Posted on Friday, June 25, 2010 - 10:07 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

It's not listed on their site, but email them and I'd bet money they can come up with a brand spankin new one.
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Xbud
Posted on Friday, June 25, 2010 - 10:12 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Wow, they have the LED taillight for $36 good deal.
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Fast1075
Posted on Friday, June 25, 2010 - 10:15 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Sort of along the same line...years ago, we had a problem with a series of ice machines that were "new designs"...there was and issue where the machines would freeze up and quit working....they ran around in circles over a fix...after two reworks of the affected part, with no positive results....I came up with a fix that involved a tube of silicone, a piece of plastic sheet and a half hour labor..the third generation machines came from the factory with the "fix" incorporated.
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Therealassmikeg
Posted on Friday, June 25, 2010 - 10:26 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Count me out!
Thank you for asking though...
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Rodrob
Posted on Friday, June 25, 2010 - 04:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

OK that settles it then. Fast1075 will fix all the bikes with Erik Buell Racing take off parts and a tub of silicone from here on out.
3 Cheers!!
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Stevek1125r
Posted on Saturday, June 26, 2010 - 07:26 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

so far my bike has been in the shop for a total of 3.5 months out of my 8 months of ownership and is still currently at the dealer.

But i guess i don;t care much since i'm over here in the desert and can't ride any ways...

I just hope the dealer gets it fixed.... i had quite a few issues come up with my bike...

As for the Class action lawsuit.... Ehhh why bother, freaking lawyers do nothing to help anyone any ways...
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Jdugger
Posted on Saturday, June 26, 2010 - 07:43 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

> freaking lawyers do nothing to help anyone any ways...

That said, I wouldn't mind them taking a few tens or even 100 million out of HD's pockets to help ensure old Milwaukee's suffering for the Buell decision.

It's not like we are able to get parts from HD, anyway. Might as well just keep poking at them through the gate.
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Cheddarheads4erik
Posted on Saturday, June 26, 2010 - 08:36 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

First step; You HAVE to get your H-D dealership's refusal to "fix" in writing. If it ain't written down, IT did NOT happen. Have the Customer Service person sign it and date it.

2nd: make a list of the warranty fixes, like the front brake line re-routing, which involve the NHSTA. When H-D refuses to fix or drags it feet on Federal Safety issues you don't need a lawyer; you need to make a list of people and put together a packet from my #1.

We have 4 Buells and love very one of them. You also have to learn what the correct words are which perk up the CS counter guys' ears: warranty claim forms, legal matters, lawyer, accidents, pain, near-accident. I learned this crap from dealing with cheap-ass BMW dealerships for 15 years. Good luck with your work.
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Brumbear
Posted on Saturday, June 26, 2010 - 08:52 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I don't think people know how easy it is to take someone to small claims court. If your state doesn't have lemon law you can just file in small claims court against H-D it will cost them more to defend it then it would to buy the bike back and if they don't show you win. I know the max in NJ is 15K other states are not that high. This is not something I would do myself but for the guys that are having continued problems and don't fix things or can't fix things themselves it is there for you to use as protection against big business screwing you around. Which I believe absolutely that is what H-D is doing here in some or rather many cases they are trying to string along folks to get them out of warranty plain and simple!!!!
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Ibppjr
Posted on Saturday, June 26, 2010 - 09:05 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I look at those dumpster pics and I could sock somebody right in the freakin' nose.
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Old_mil
Posted on Saturday, June 26, 2010 - 12:14 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

The likely results of a class action suit against HD would be something like this: the lawyers involved pocket $20 million, and every existing Buell owner gets a coupon good for $500 off the purchase of a new Harley Davidson valid for one year from the date of issue.

Class action suits very rarely, if ever, actually win justice for those who were wronged.
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