G oog le BadWeB | Login/out | Topics | Search | Custodians | Register | Edit Profile


Buell Motorcycle Forum » Quick Board Archives » Archive through March 31, 2003 » Motorcycle Legal Advice « Previous Next »

Author Message
Top of pagePrevious messageNext messageBottom of page Link to this message

X1glider
Posted on Wednesday, March 05, 2003 - 06:58 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Background: Back in October, my FXDX engine lost 3 teeth off a camshaft by Andrews. Many thousand rpms and teeth being ground up going through the engine destroyed everything but the cases. Yes, the flyweel/rod assy, bearings, journals and races, oil pump, lifters and even the top end are scarred up from metal shavings. A complete replacement of all internals is in order. The cams were only in use for 2 months BTW.

What I did: I had some non-destructive testing done on the failed camshaft. It turns out excessive hardness is the culprit. The case hardness on the lobes and the shaft were each 10 rockwell harder than the stock and Screaming Chicken cams. Can't think of any other reason for teeth to sheer as cleanly as they did. I then sent copies of the results to Andrews and the cams as requested for them to do their own analysis.

What I heard back: Absolutely nothing! I've attempted 6 contacts with them and no responses. Headqurters, who I bought the cams from, has tried for me as well. Get the feeling I won't hear anything at all? Probably not. The least they can do is give me by busted cams back! I paid for them, they're mine, not theirs.

What I want: restitution. I feel they owe me for fixing the engine to it's previous working condition. 2 months is not acceptable for the service life of camshafts. It's not like I went racing with them.

Obviously the only way for them to get off their collective ass is to take legal action. These engines are in no way cheap to replace so I feel it's worth it. Does anyone know what kind of lawyer would handle such a case and how to get the ball rolling? I'm sure they'll try to get away with simply giving me new cams. Doesn't do me any good. I want the whole enchilada.
Top of pagePrevious messageNext messageBottom of page Link to this message

Blake
Posted on Thursday, March 06, 2003 - 12:48 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Some type of consumer advocate attorney might be able to help you. Send Andrews a certified letter stating your desire and case for fair compensation and what you consider as fair. Maybe get an expert to verify that the extra hardness would be a likely culprit. You are in a tough spot though due to the high performance nature of your engine. Unfortunately I think that kind of stuff goes with the territory.

The Andrews response may be something like... it appears that a piece of foreign debris got caught between the gear teeth causing them to break. Since you cannot show otherwise it's doubtful any court would award any significant judgment. I'd take the new set of cams and run. Chalk it up to high performance. I mean cripes, spinning a big twin to seven grand, that's extreme performance ain't it? Besides, you have more money than you can spend anyway, right? ;)
Top of pagePrevious messageNext messageBottom of page Link to this message

Newfie_Buell
Posted on Thursday, March 06, 2003 - 07:42 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I agree with Blake,

The onus is upon you to prove Andrews had a faulty product.

You could be throwing good money after bad and sometimes its best to cut your losses and move on.
Top of pagePrevious messageNext messageBottom of page Link to this message

Court
Posted on Thursday, March 06, 2003 - 07:49 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

>>>sometimes its best to cut your losses and move on.

I'd suggest that should read "almost always". I used to do one of my lectures to a Construction Science class at Kansas State University on the various dispute resolution avenues avaiable.

One of my most powerful visuals was a chart depciting a flowchart of the "sue and get money" process.

There are (and I am painfully aware of this personally having just spent $550/hr to investigate the possibly of asserting an action) a group of folks who are notorious for being "stupid and stubborn". If you win, they can still hold you off and cost you tons of money for years.

Call me, as a member of the Dispute Resolution Foundation Board (thank you Europe :) ) biased, but a lawsuit will cost you more than the price of the motorcycle in this case.

Go find and read the advise I provided for dealing with Buell Customer Service.

Court
Top of pagePrevious messageNext messageBottom of page Link to this message

Mikej
Posted on Thursday, March 06, 2003 - 09:38 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Someone once told me many years ago to never give away your evidence, and only suggest at what you have for data. If they want to see it then invite them over to your place to look at it. And if you do decide to send items, ensure you can track what you sent, and prove beyond reasonable doubt to an impartial third party that you did send what you sent and that the recipient did receive said items in the condition they were sent. This requires documentation, and requires cooperation on both ends of the matter in question.

Just a general rule of thumb. No finger pointing or implied implications against anyone or anything.

Andrews has a good reputation. Schicht happens. There are variables and tolerances in manufacturing. Request a curteous resolution to the matter, including shipping your engine to a neutral third party shop acceptable to both of you for either an analysis diagnosis or for repairs.

Sometimes legal recourse is only worth the price of satisfaction as the cost of recovery gets passed rather quickly. Some shops know and rely on this aspect of "the game".
« Previous Next »

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image

Username: Posting Information:
This is a private posting area. Only registered users and custodians may post messages here.
Password:
Options: Post as "Anonymous" (Valid reason required. Abusers will be exposed. If unsure, ask.)
Enable HTML code in message
Automatically activate URLs in message
Action:

Topics | Last Day | Tree View | Search | User List | Help/Instructions | Rules | Program Credits Administration