Is my dealer Jacken' with me?
#1
Join Date: Apr 2007
Location: [x] Flower Mound, TX. [ ] Maui
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Is my dealer Jacken' with me?
Sorry guys, it's not as long as it looks. You may need this info.
What do you guys think about this? I have been waiting on a new SG. It was supposed to ship on the 27th on this month. I was not going to bring it home until I had the StageII 103", RH True Duels, and a SERT. As you may or may not know the SERT's are on back order. So, after doing my homework on this site I find out the PCIII is a good way to go, and Fuel Moto has a great price and great CS. So, me wanting immediate gratification I order the PCIII. This way I can bring it to my dealer and they can do the install before I bring it home. Then tonight I get a call from the dealer and they say we just had a truck come in with a vivid black SG. Great. I told him my PCIII should be in on Friday and I will bring it to them so they can complete the install. He tells me they will not install the PCIII, it will void my warranty. I call b.s. on him and tell him I'm not waiting to the SERT to come in off of backorder. He says not a problem "we have one more SERT in the back, and I'll put your name on it"
Then I email Fuel Moto and expalin my $300 dollar problem. They were very quick with a reply and this is what they said:
Hello, we do not typically accept returns on elec part including Power Commander but would do so with a 10% restock charge, you have been told dishonest information and please consider the following. It is your choice to return the item, but I will add some additional infomation on this subject as your dealer is not being honest with you regarding your freedom to make changes to your new bike. As the federal government states, due to the Moss Magnuson Act it is against federal law for the dealer or manufacturer to deny warranty coverage because an aftermarket part is installed. These laws were brought forth to prevent manufacturers from backing customers into a corner forcing them to use their OEM parts. Also note, your Harley dealer has no say or bearing on your warranty, as the dealer does not make or maintain the warranty on your bike, the Harley Motor Company does. Most interesting you will find that with the Harley Race Tuner (SERT), as written in the SERT owner and tuning manual, it is clearly stated that the use of the SERT is strictly for Off road Race use only, and use of this product may Void your warranty. You must agree to these terms when you accept the software agreement when you install the SERT and this information and software also will forever marry itselft to your ECM and will be logged into the Harley Digital Technician computer network. The Power Commander will only affect your engine warranty if it in fact causes a failure that they can prove was directly caused by the unit, so in a sense the same would apply with the SERT. Also if you choose, you can simply remove the Power Commander before you take your bike in for service. Please do not take this information the wrong way, It is just simply incorrect information the dealer has provided and I strongly believe that motorcycle owners deserve the freedom to make their own choices as to what they can and cannot do.
I will take this up with the dealer in the morning and see what they say.
What do you guys think about this? I have been waiting on a new SG. It was supposed to ship on the 27th on this month. I was not going to bring it home until I had the StageII 103", RH True Duels, and a SERT. As you may or may not know the SERT's are on back order. So, after doing my homework on this site I find out the PCIII is a good way to go, and Fuel Moto has a great price and great CS. So, me wanting immediate gratification I order the PCIII. This way I can bring it to my dealer and they can do the install before I bring it home. Then tonight I get a call from the dealer and they say we just had a truck come in with a vivid black SG. Great. I told him my PCIII should be in on Friday and I will bring it to them so they can complete the install. He tells me they will not install the PCIII, it will void my warranty. I call b.s. on him and tell him I'm not waiting to the SERT to come in off of backorder. He says not a problem "we have one more SERT in the back, and I'll put your name on it"
Then I email Fuel Moto and expalin my $300 dollar problem. They were very quick with a reply and this is what they said:
Hello, we do not typically accept returns on elec part including Power Commander but would do so with a 10% restock charge, you have been told dishonest information and please consider the following. It is your choice to return the item, but I will add some additional infomation on this subject as your dealer is not being honest with you regarding your freedom to make changes to your new bike. As the federal government states, due to the Moss Magnuson Act it is against federal law for the dealer or manufacturer to deny warranty coverage because an aftermarket part is installed. These laws were brought forth to prevent manufacturers from backing customers into a corner forcing them to use their OEM parts. Also note, your Harley dealer has no say or bearing on your warranty, as the dealer does not make or maintain the warranty on your bike, the Harley Motor Company does. Most interesting you will find that with the Harley Race Tuner (SERT), as written in the SERT owner and tuning manual, it is clearly stated that the use of the SERT is strictly for Off road Race use only, and use of this product may Void your warranty. You must agree to these terms when you accept the software agreement when you install the SERT and this information and software also will forever marry itselft to your ECM and will be logged into the Harley Digital Technician computer network. The Power Commander will only affect your engine warranty if it in fact causes a failure that they can prove was directly caused by the unit, so in a sense the same would apply with the SERT. Also if you choose, you can simply remove the Power Commander before you take your bike in for service. Please do not take this information the wrong way, It is just simply incorrect information the dealer has provided and I strongly believe that motorcycle owners deserve the freedom to make their own choices as to what they can and cannot do.
I will take this up with the dealer in the morning and see what they say.
#3
Join Date: Oct 2006
Location: North East, Pennsylvania
Posts: 4,547
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RE: Is my dealer Jacken' with me?
Can't speak from an area of knowledge, but here is the link with the info
http://en.wikipedia.org/wiki/Magnuson-Moss_Warranty_Act
http://en.wikipedia.org/wiki/Magnuson-Moss_Warranty_Act
#4
#5
RE: Is my dealer Jacken' with me?
This is a link to it.... But below is the section in reference:
http://www.ftc.gov/bcp/conline/pubs/.../warranty.shtm
"Tie-In Sales" Provisions
Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions.
[blockquote]
In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty.[/blockquote]
While you cannot use a tie-in sales provision, your warranty need not cover use of replacement parts, repairs, or maintenance that is inappropriate for your product. The following is an example of a permissible provision that excludes coverage of such things.
[blockquote]
While necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company, we recommend that you use only authorized AudioMundo dealers. Improper or incorrectly performed maintenance or repair voids this warranty.[/blockquote]
Although tie-in sales provisions generally are not allowed, you can include such a provision in your warranty if you can demonstrate to the satisfaction of the FTC that your product will not work properly without a specified item or service. If you believe that this is the case, you should contact the warranty staff of the FTC's Bureau of Consumer Protection for information on how to apply for a waiver of the tie-in sales prohibition.
http://www.ftc.gov/bcp/conline/pubs/.../warranty.shtm
"Tie-In Sales" Provisions
Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions.
[blockquote]
In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty.[/blockquote]
While you cannot use a tie-in sales provision, your warranty need not cover use of replacement parts, repairs, or maintenance that is inappropriate for your product. The following is an example of a permissible provision that excludes coverage of such things.
[blockquote]
While necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company, we recommend that you use only authorized AudioMundo dealers. Improper or incorrectly performed maintenance or repair voids this warranty.[/blockquote]
Although tie-in sales provisions generally are not allowed, you can include such a provision in your warranty if you can demonstrate to the satisfaction of the FTC that your product will not work properly without a specified item or service. If you believe that this is the case, you should contact the warranty staff of the FTC's Bureau of Consumer Protection for information on how to apply for a waiver of the tie-in sales prohibition.
#6
RE: Is my dealer Jacken' with me?
Here is something to consider. You can get them to agree that you can put on any after market part you want.
but then when it comes to warranty they deny it. how are you going to get around them? and how much $$ are you willing to spend to get your item covered?
kinda like your wife if you want to get some you gotta be nice, and play the game. i don't agree with this but so is life.
and yes your dealer is jacken' with you but what you gonna do?
best wishes and once the he and sheing is over you will enjoy your new glide I DO.
but then when it comes to warranty they deny it. how are you going to get around them? and how much $$ are you willing to spend to get your item covered?
kinda like your wife if you want to get some you gotta be nice, and play the game. i don't agree with this but so is life.
and yes your dealer is jacken' with you but what you gonna do?
best wishes and once the he and sheing is over you will enjoy your new glide I DO.
#7
RE: Is my dealer Jacken' with me?
So you are gonna take 10% of the cost of the PCIII in the shorts? Make sure that AFTER your dealer delivers, and sets up your bike to YOUR satisfaction, that you make sure he understands that you will re-coup your 10% by NEVER visiting his dealership again.
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#8
#9
RE: Is my dealer Jacken' with me?
Unfortunately your Dealer is trying to hijack money from you by intimidating you with a warranty on a 20k+ investment...
If I had money, I would go to a Lawyer, and sue them... Just for principles... Like it has been said, the Dealer does not hold
your warranty, and if MOCO was informed of this I'm sure they would be pizzzed...
Blatant case of blackmail... (Buy our product or else)... why didn't he tell you that for buying the SERT??
HD stands for Hundreds of Dollars.. Not Harley-Davidson anymore...
If I had money, I would go to a Lawyer, and sue them... Just for principles... Like it has been said, the Dealer does not hold
your warranty, and if MOCO was informed of this I'm sure they would be pizzzed...
Blatant case of blackmail... (Buy our product or else)... why didn't he tell you that for buying the SERT??
HD stands for Hundreds of Dollars.. Not Harley-Davidson anymore...