Suggestions for a response to Yamaha

[SecuLaw]

Well, I stand corrected Seculaw. :blink: I was speaking in general terms and every state is different. I'm not a lawyer but a Controller and have a some experience with lenders, loans, finance departments, etc. Contracts vary in scope and precision so that's why I spoke in generalities.
Maybe this is a dumb question but what is the possibility the part may be at a dealerships in another state?

I'm coming across in this thread as a real dick which was never my intention. If I've offended anyone I apologize. I'm a litigation attorney, I breath and live conflict everyday (yes, I'm one of those assholes you all love to hate) but this isn't about conflict. Take it from me the only person, generally, who wins in litigation is the lawyers and we make out whether our client wins or loses. But, as I've attempted to make clear, I have no intention at this moment of going after Yamaha or the dealership. I just want my bike back as fast as is prudent. But I also think that Yamaha should do good by me for making me wait as a result of their corporate parts decision process. Again, what I was requesting is everyone's thoughts on what a reasonable request was or is. I was really hoping someone had a similar experience and what, if anything, Yamaha had offered to them to make it right. That would be a "yardstick" for me to measure what I should request and whether or not Yamaha was blowing me raspberries in a polite corporate manner.

One of my questions to them when they were suppose to call me back was whether they had check other dealerships to see if the part was in the dealership inventory. But, they haven't called back so I haven't asked the question yet.

 

[CRMH Eagle]

Well, I stand corrected Seculaw. :blink: I was speaking in general terms and every state is different. I'm not a lawyer but a Controller and have a some experience with lenders, loans, finance departments, etc. Contracts vary in scope and precision so that's why I spoke in generalities.
Maybe this is a dumb question but what is the possibility the part may be at a dealerships in another state?

I'm coming across in this thread as a real dick which was never my intention. If I've offended anyone I apologize. I'm a litigation attorney, I breath and live conflict everyday (yes, I'm one of those assholes you all love to hate) but this isn't about conflict. Take it from me the only person, generally, who wins in litigation is the lawyers and we make out whether our client wins or loses. But, as I've attempted to make clear, I have no intention at this moment of going after Yamaha or the dealership. I just want my bike back as fast as is prudent. But I also think that Yamaha should do good by me for making me wait as a result of their corporate parts decision process. Again, what I was requesting is everyone's thoughts on what a reasonable request was or is. I was really hoping someone had a similar experience and what, if anything, Yamaha had offered to them to make it right. That would be a "yardstick" for me to measure what I should request and whether or not Yamaha was blowing me raspberries in a polite corporate manner.

One of my questions to them when they were suppose to call me back was whether they had check other dealerships to see if the part was in the dealership inventory. But, they haven't called back so I haven't asked the question yet.

Dude, I don't think you coming across harsh. I think you're taking care of it quite well. No need to apologize to me. Gosh, I'd be just as irrate or worse!!! I agree with you 187.63%...Yammie should make this up to you. Hope you didn't think I was coming across as an expert which I'm not... This is a place to be honest, ask questions, and blow steam. I don't see where you've offended and need to apologize. You're looking for help. I wish I had something to help but I don't.

Yammie knows the FJR group is tight-knit community who is very intelligent and influential. Maybe they should be reminded. I hope another dealership has the part in inventory. I also wished you were in Denver so you could help me get my money from the lame-ass-wipe who won't pay me.

I've had a friend who almost got screwed by HD... but he stuck to his guns. Sad that crap happens. Maybe you should let Yammie know that you're a bonafide member of this group. Not sure if that would work. Surely if the dealership knows your a litigation atty then they would definitely bend over backwords.

If you give me the parts number or the details, I'll call the dealers here in Denver for you.

 

[SecuLaw]

Spoke with Yamaha Customer Service today and now they don't believe that the part will arrive until late January or early February. They are, however looking into having the part airmailed rather than travel by boat! They promised to update me after talking with the dealer and yes they looked to see if any dealer in the US had the part in stock. Updates as they occur (to the extent anyone is interested).

 

[Windjammer]

Only suggestion I can think of at this point: Ask the dealer if used parts would suffice until the new parts arrive. New parts may not be in inventory, but the salvage yards must have something to get your bike running. Lord knows there's enough crashed FJR's out there.... :blink:

 

[SecuLaw]

Lord knows there's enough crashed FJR's out there.... :blink:

LOL, good point. Maybe I should post in the classified wanted section. Its killing me, they are calling for 60 degree weather this weekend!

 

[Lake Powell]

Secu-

I'd walk in to the dealer, go up to your bike and pull the front brake, if it makes pressure take it and leave. Let them know of your counsel background and that an another dealership has been retained to conduct an inspection.

I'd take it to another dealer either way.

Good luck, keep in touch with the results.

 

[05fjrBluedevil]

Well just keep good documentation of the repair and then check your lemon laws.....

When my transmission was rebuilt, they received the bike Sept, 19th I think and i did not get it back until Dec. 4th I think.....

So I missed out on the best riding time in these parts.... not too hot not to cold......

Same thing happened to me, no parts!!!!!!! had to order from the mainland and of course out of stock.....

I did discuss it with the yam, cs and tried to get some goodies,Leather riding suit, jacket boots etc.....

but only go 100.00 store credit for stuff at a local shop.......

Maybe you can get sometihng you need.......while you are waiting...... Or some free maintainance down the road.... doesn't hurt to ask......

Mike

 

[kenporider]

Hmmm... wouldn't it be refreshing if the dealership would expedite the issue? Provided they have the model in their showroom, they could use the part from the bike on their floor and and replace it when the new one arrives. I mean, who's really taking delivery within the next couple of weeks on a motorcycle in that area? A halfway descent sales person could sell someone on a two or three week wait this time of year plus they stand to gain from the word of mouth they'd get from you. Maybe I just have a Utopian ideal, or maybe they don't have one to cannibalize.

 

[Inlaw1]

You need to tell Yamaha customer service the bike is your only means of transportation and make them get you a loaner car / bike.

When the rear shock went out on my FJR last Sept there were none in the states and my dealer got Yamaha to pay the overnight freight from Japan to get me one quickly. They know this is my daily driver.

If your not getting satisfactory help from Yamaha Customer Service then you need to move up in authority within Customer Service. There is no excuse to make a customer wait six weeks to get parts when it can be done in a shorter time.

I guess as an alternative you could try and get them to authorize robbing parts off another new one.

 

[Randy]

I dunno - to me, it seems very simple. Simply ask your dealership and mamaYamaha what they propose as an alternative to you pursuing litigation under the state's lemon law to get a new bike. If they make an offer that is reasonable, take it. If it isn't reasonable, call their bluff and pursue litigation.

Also, I'm not a lawyer and I haven't read/understood everything under the MD Lemon Law, but, this part caught my attention:

14-1502.f.1.i

It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity, defect, or condition within 7 days when the motor vehicle is delivered to the same dealer for a fourth time for repair of the same nonconformity or when the vehicle is out of service by reason of repair of one or more nonconformities, defects, or conditions for a cumulative total of 20 days.

It is now beyond 20 days. If the dealer hasn't done this, you can bring it to their attention and see if that incents them to pull the part off a bike in inventory so you can get yours back.

 

[SR-71]

I'd send a strongly worded letter to your Congressman! Just kidding... and to tell you the truth that bothers me some parts aren't available for a bike I just laid down over $12K for. Not a comfortable feeling to be sure.

Short of fighting Cityhall, you're in a no-win situation. But perhaps you can use it to reap a bennie or two. Tell your dealer your pissed and want to be compensated somehow; perhaps with a free service, free extended warranty, or at least wholesale on a new jacket or something. It won't get you riding any sooner :angry: but you'll feel better.

 

[dragonchef]

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He was shortly joined by “Buzz” Aldrin, and the two astronauts spent 21 hours on the lunar surface and returned 46 pounds of lunar rocks. After their historic walks on the Moon, they successfully docked with the Command Module “Columbia,” in which Michael Collins was patiently orbiting the cold but no longer lifeless Moon.

WTF FEDEX!!!!!!!

 

[Yamaman]

Man do I feel for ya, Yamaha has to be taken to task. I to had a similar story but with my clutch on my new 2006 FJR, Yamaha Canada would not believe it was a factory defect or problem. The dealer told them over and over that it was a problem from the factory but the rep would not listen even after being showed the parts. To make a long story short, When I purchased my brand new bike I told them from day one that there was a clutch problem, they told me to keep riding it that it was under waranty. I told them at least 3 times since I purchased the bikeThen it got to the point where it was dangerous to keep riding it. I took it in and Yamaha Canada would not authorize a tear down of the clutch. Then it happened again, I started the bike and put it into gear and the bike shot me forward but I managed to stop it before it propelled me into my garage door. I then took it in and they told me that Yamaha Canada would not authorize a tear down of the clutch. I went into the dealer the next day and they told me that the clutch was toast because the clutch plates were stuck together. They had to order parts from Yamaha Canada, Yamaha Canada said they would cover the labor but not the parts. I blew my stack at them and said I told you from day one that there was a clutch problem and now I have to eat the cost of the parts that is bullshit. Anyway the parts come in but they were short 2 clutch plates and that they have to be ordered from Japan. I said you mean to tell me that no where in Canada there wer no clutch plates to be found and they said yes we have to get them in from Japan. Anyways they did come in within a week and the bike was put together but because of the weather I had to trailer it home. Yamaha Canada are a bunch of idiots who do not care for the customers, I bitched to my dealer and he said that they would pay for the clutch so I did not have to pay anything. It just amazes me that a big corporation like Yamaha does not stock parts for the dealers, there is no excuse whatsoever why a dealer would have to order the parts from Japan. I have bought a new 2007 rhino, a new 2006 MT-01 and a new 2006 FJR within a one year time frame and to be treated by Yamaha Canada the way I was treated leaves a bad taste in your mouth. I really love my FJR but if the clutch problem comes back I am done forever with Yamaha. I hope every thing works out for you and you get your parts quickly. It is a shame that the customer spends huge amounts of dollars for something he or she beleives will give them years of satisfaction but to find out and be treated like hey we have you money so to bad so sad attitude from Yamaha Cananda and Yamaha USA.

 

[painman]

I had a very similar story as Yamaman except with my front master brake. Dealer service tried to deny that a problem existed. That was two mechanics and the service manager at Concord Ca. Yamaha. I had to threaten them with legal action and the service manager even lied on two occassions about the matter to me and Customer Service about communication with me and about the problem. But after the legal threat they decided all of a sudden to send the part they mysteriously had stored in San Diego. That was early 2006 when the Gen II models had first come out and parts were new so I had cut them some slack early on in the process. But now there is no excuse for available parts for the Gen II models. Hope you get it worked out and it really is not good as I hear this story repeated over and over. "There is no problem", and the "communication problem" between the service department and customer. When trust is violated the problem lasts way longer for the customer than for dealer. But these lasting effects on the customer very well could come back and bite the dealer in the rear. PM. <><

 

[SecuLaw]

My number one goal is to get my bike back in proper working order.

My second goal is to come to an agreeable accommodation with Yamaha for my loss of use.

Yamaha called me yesterday to not only confirm that there is a problem with with this "metering value" but there appears to be a problem with some other part of the ABS!

The customer rep/master parts guru, sheepishly, stated that he would do his best to get the parts here from Japan as soon as possible and, get this, once the problem is resolved to reach an agreed upon compensation. I saved that voice mail message just in case I have to play it back for them. I will discuss cannabilizing(sp?) a new bike to fix mine but I don't see them agreeing to that.

I think I've got a good argument for a free extended warranty. Especially considering that the parts guru claimed that these parts don't break! Well they did and now I have a good faith concern about the rest of the bike. I've also noticed that the tires have been wearing out too. (That's a joke guys.)

 

[SecuLaw]

Update:

I get the bike back today. It was a "metering valve" that went bad in the rear brake ABS. I have no idea what that means other than the representative from Yamaha telling me that he's never heard of that happening. We agreed that Yamaha is picking up the tab at the dealership, I had a lot of other none covered work done to the tune of $160.00 and my warranty is extended to October.

The reason I'm posting this is so if something happens to someone else in the future you have a baseline to anticipate what Yamaha is going to do and you can plan accordingly. I'm not done yet presenting my claim with Yamaha. As things progress I'll post again.

 

[Wildcat]

I just came back from Japan, had the chance to tour the Factory and low and behold to much chagrin it was people just like us putting these things together.

Its to bad we put our cross hairs on somebody when something doesn't go our way seems short sighted, knowing Y they will go the distance for most anybody but setting them up for future bashing is counterproductive.

I do feel bad you lost your ops to ride, and I fully support going after anyone who will go out of their way to not help, but there is nothing here that shows that the dealer or Yamaha did anything wrong from what is posted here from the above mentioned comments, except not stock a part that has kept you from riding, alright I am jealous its bloody cold and there is snow on the ground.

However it does seem that your persistance has garnered you some payback from Yamaha justified?

The Eagles had a hit song about this type of situation :assassin: