Drafting, drafting, drafting --

We're wanting to cut to the chase, short and to the point.

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17 April, 2013

[Uncle Xero, Home Base]

Harley-Davidson Motor Company
3700 West Juneau Ave., PO Box 653,
Milwaukee, WI 53201 41 4/342-4680

Attn: Matt Gartman, Customer Care
Re: 0002026845

We are in receipt of your 8 April, 2013 (enclosed). Thank you for the return of our H-D LCD Digital Dipstick after its having been apparently misplaced in your department for some three weeks. Let us note too that a return cover in shipping should be enclosed in a corporate letterhead envelope rather than sandwiched between cardboard inserts which cause it to resemble packing material rather than H-D correspondence.

We own a 2010 Harley-Davidson FLHX "Street Glide," with a 5 yr. extended factory warranty. Including accessories, apparel, etc. we have easily in excess of $35,000 spent with Harley-Davidson. Up until this LCD Dipstick incident, we have been happy with Harley-Davidson products, sales, service. We expect Harley-Davidson to stand behind its products and to provide service to its customer base.

Your Customer Care representative writes: "We appreciate your support of our company and our products. We understand that this is not the answer your were hoping for and hope that it does not deter you from using our products in the future." Such statements are presumptuous, naive, and patronizing.

Digital Dipstick #63030-09

We understand entirely that this returned item is not covered by warranty. Our 27 February 2013 cover letter to Harley-Davidson (enclosed) stated as much. The issue with this product is one of merchantability. Merchantability is a legal term referring to a product functioning as designed and marketed.

The most cursory search online readily demonstrates that this product has had condensation issues since at least 2008. Condensation in the LCD is a known issue, but apparently Harley-Davidson finds it acceptable business ethics to continue selling this item with all its known design defects, and then refusing to address customer concerns when brought to Harley-Davidson's attention.

Harley Davidson online marketing of this product states:

Oil Level and Temperature Dipstick with Lighted LCD Readout - Black | Genuine Motor Accessories | Harley-Davidson USA

"Designed to be waterproof,"

This product is NOT "waterproof" and in fact invariably accumulates moisture in the LCD display. This accumulation of moisture causes the LCD display to blacken and fail. Accordingly, this product is not merchantable as marketed. It is not waterproof, nor is it even "water resistant." There is a plethora of online discussion about this product's condensation issues, dating back to at least 2008.

We contend, accordingly, that the H-D Digital Dipstick #63030-09 is fundamentally not merchantable as marketed and is in fact defective in design. We should have fully expected Harley-Davidson Customer Care to address matters of design defect and merchantability in our first inquiry into this matter. Instead, our inquiry is dismissed as a pro forma "warranty issue" and dismissed without being addressed. Accordingly, we seek remedy to compel Harley-Davidson to address the issues of its market base and the known defects in its products:

Please find enclosed a Demand Letter specifying our allegations regarding said product merchantability, our expectations for resolution of this matter, and a date by which we expect this matter to be addressed by Harley-Davidson principals . Failing Harley-Davidson acknowledgment of these concerns and reasonable indication that it is the intent of Harley-Davidson to address the design defects in this product and to reach a fair resolution with us, we shall seek civil resolution either in Small Claims Court or a class action.

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I'm entirely open to feedback, criticism, suggestions for revision. This is OUR push back on H-D and some of the crap they seem to think they can pull.

 

I've had 3 out of 3 go bad, last time i checked that's 100% chance it's a piece of junk.

 

My digital oil temperature gauge works fine, BUT, the LCD display does form condensation and partially turn black at times. It is not all the time and will clear itself.

 

[QUOTE=xFreebirdx;7743667]A few years ago or so when they came out I was going to get one......the dealer said NO they're junk and they wont sell them. But they did give me a great deal on an analog temp gage.

+1,, back in 08 our dealer said the same, still have and use the ole dial type that I got.



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I had one on my last bike. Sometimes it displayed a temperature. Sometimes it turned on ALL the LEDs.

I ended up putting an analog oil temp gauge where the air temp gauge was. Then I had no idea how to tell if it was cold or hot outside, so I got a cheap thermometer that mounts on the handlebars. It cost less than five bucks and works better than the HD one did. Big surprise.