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NEWSLETTER

You Better Read This: Customer goes to dealer to buy his new dream bike. Signs they’re name on the dotted line and then have the salesman look them in the eyes and say. "You must sign this waver, that if anyone but us the dealer, does any Performance Work on your motorcycle and anything happens, your warranty is void". This Is Unlawful For The Salesman To Say and I'd Make Them Put That Statement In Writing.

Let’s Get Started! Part 1 Warranty by the Manufacturer

I went to the dealer to get some help with my performance upgrades, that's when they told me if I don't get that Powercommander off my motorcycle that it will void my warranty! Then they tried to sell me their ECM Performance Tuner and said that it would not void my warranty! I asked what does that flag mean on their Tuner in their accessory catalog and the salesman said, "that's over looked by the factory if we install the tuner".

Now think about this for just a minute, how can your ECM controller void your warranty but there's will not. Get on the internet and look up the Magnuson-Moss Warranty Act (15 U.S.C. 2302(C) and read for yourself why the Federal Government has passed laws to protect you the consumer from this kind of tactics. Now Remember upgrades are for off road use only in most cases. This is where you decide and the info is there for the consumer.

Understanding the Magnuson-Moss Warranty Act of 1975

Nearly everyone has heard about someone who has taken a motorcycle that has been modified with aftermarket parts to a dealer for warranty service, only to have the dealer refuse to cover the defective items. The dealer usually states that because of the aftermarket parts the warranty is void, without even attempting to determine whether the aftermarket part caused the problem. "This Is Illegal".

Motorcycle manufacturers are not allowed to void warranty just because aftermarket parts are on the motorcycle. To better understand this problem it is best to know the differences between the two types of new motorcycle warranties and the two type of emission warranties. I'm Going To Try to give you some helpful points that my make your riding an enjoyable experience instead of feeling like you just got shafted by a salesman. I will go over these in the next few weeks, so stay with me.

Part 2

When a Motorcycle is purchased new and the owner is protected against the faults that may occur by an expressed warranty - an offer by the manufacturer to assume the responsibility for problems with predetermined parts during a stated period of time. Beyond the expressed warranty, the motorcycle manufacturer is often held responsible for further implied warranties. these state that a manufactured product should meet certain standards. However in both cases, the mere presence of aftermarket parts doesn't void the warranty. Dealers also try to sale Extended Warranty Plans which are mere Insurance Service Plans and should not be stated other wise. These Extended Service Plans can be used at any motorcycle repair shop, they are not factory warranties and you don't have to go to a dealer for repairs. Don't let a salesman use these unethical tactics to make you think otherwise. Some Insurance Extended Service Plans can be obtained even years after buying the motorcycle, just like the TV Extended Warranty Plan at department stores. These Extended Service Plans only go into effect after the stated period of time the manufacturer has given to their warranty! Tell you the truth I'd rather spend money on my motorcycle and have a good time, than worry about some Extended Service Plan that some dealer is making commission off of. If you feel you need a Extended Service Plan just remember that they can be used at just about any motorcycle shop in the country.

Next, I'll talk About Emission Warranties, So Stay With Me.

Part 3

There are also two emission warranties (defect and performance) required under the clean air act. The defect warranty requires the manufacturer to produce a motorcycle which, at the time of sale, is free of defects that would cause it to not meet the required emission levels for it's useful life as defined in the law. The performance warranty implies a motorcycle must maintain certain levels of emission performance over it's useful life. If the motorcycle fails to meet the performance warranty requirements, the manufacturer must make repairs at no cost to the owner, even if an aftermarket part is directly responsible for a warranty claim, the manufacturer cannot void the performance warranty. This protection is the result of a parts self- certification program developed by the Environmental Protection Agency (EPA) and Specialty Equipment Market Association (SEMA).

In cases where such a failed aftermarket part is responsible for a warranty claim, the vehicle manufacturer must arrange a settlement with the consumer, but by law the new-motorcycle warranty is not voided. Always ask the services personnel or salesperson to prove that your warranty will be void in writing by them, not just a say so! Up grades in most cases are designed for off road use only. However there are many up grades that are designed for highway use and does not have to be just dealer installed only and will not void warranties because of aftermarket parts. These unethical tactics are used by many dealers to keep customers from finding quality repair shops.

Federal Trade Commission (FTC) works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. You can call toll free 1-877-FTC-HELP (1-877-382-4357).

"More to help you understand some of your protection rights!" These are only reference not anything else. This article is only intended to help you understand more about your motorcycle and the fun you should be having even if you need repairs. All resposiblity is still on you to research and ask questions. I will do as much as I can to lead you down the right path. "So Stay With Me, Much More to Come."

Part 4

Lets talk about one of my favorite ECM Tuning Controllers, the DynoJet Powercommander USB III http://www.powercommander.com/ one of the first tuners for Fuel Injected Big Twins and the most popular of all tuners for injected Big Twin Motorcycles. Also back in the early 1990's I bought a DynoJet Dyno for my shop, man was I something around town after that. Since then I've owned 2 more DynoJet Dyno's. The latest has Engine Temp. Monitor, Air Temperature Reading, Relative Humidity, (In-Hg) Pressure, Plug Firing, Tach Redline , Tire Speed, Absolute Pressure, Air Fuel Ratio and much more needed info to tune your motorcycle. We will get back to dyno's at another time. By the way, I had to stop writing this article to tune a 2007 factory big twin motorcycle that just had their dealer install tuner and related bolt on combos. After the Dealer Tuner install to the ECM we found only 70 HP, 86 Ft. lb. of torque, with a very wavy graph. Then installing the Powercommander USB III, I was was able to tune the same motorcycle to 75.25 HP, 92.28 Ft. lb. of torque and a much smoother curved graph. I'm also able to tune in real time, motorcycle running. Dealers Tuner has to be shut off, on, then off, on, over and over again to program the ECM for each change, that is an expense you don't need. Your looking about an hour to two hours longer in the tuning and the motor is getting hotter and hotter. Trust me, go with the Powercommander USB III, you'll be glade you did.

Benefits

Improves Horsepower, Torque, Throttle Response and Rideability
Reduces Running Temperatures, Pinging And Can Help With Bluing
You Can Continue To Add Performance Parts Of Any Type Simply Have Minor Adjustments Performed To Your Controller

Stay Tune For More To Come! Part 5

The Power Commander is a fuel injection adjustment module that plugs "in-line" with the motorcycles stock ECU/ECM. The Power Commander is produced with "state of the art" electronics that include a four layer surface mount circuit board with a built in Microprocessor. Each unit is lightweight, compact and sealed for maximum durability and reliability. Being plugged "in-line" with the ECU/ECM it has no effect on the factory ECU/ECM because it's only receiving the out going signal, not changing the factory settings on the ECU/ECM like the DEALER TUNER has to do. Remember the Dealer Tuner has to be turned on and off over and over to send changes to your ECM. So if your technician is not way above average, Your ECM and you are looking for major trouble! The Power Commander plugs in using O.E.M. style connectors. There is no splicing required. I sale many type of fuel controllers even the Dealers Performance Tuner, so if that's what you really want, we can also turn your motorcycle on and off, over and over again and change your factory ECM settings. Trust me on this, you don't want to do that. It's much better to plug "in-line" and run your motorcycle in real-time, any technician well tell you that.

Thanks to the Magnuson-Moss Warranty Act, you, Happy Consumer, have more rights than you probably realize. After all, you've spent a lot of money and time taking the best care of your motorcycle, "don't be a victim of unethical tactics"

Some Recommendations

Take Care Of Your Motorcycle and Document All Work Done To It
Do Your Home Work
Look Up Recall Notices and Technical Service Bulletins
Be Reasonable With Your Service Staff
Document All Conversations and Phone Calls With The Service Department and Ask To Have Denials Of Warranty Work In Writing
Don't Threaten To Sue At First Sign Of Trouble
Read and Request Warranty Info From Your Dealer and Know What Is Covered, Why and Why Not
Magnuson-Moss Warranty Act of 1975 Is Your Friend, Read What IT Has For The Consumer

Next We Will Look At Some"Lemon Laws"

In the automotive world, a new or used vehicle that has been purchased under warranty, which keeps breaking down with the same fault and is never actually repaired, is said to be a lemon. There are laws in every state in the US that protect the consumer from the hands of dodgy vehicle manufacturers - namely, the Lemon Law.

It is stressful enough that your Motorcycle breaks down in the first place, especially if it is brand new and hasn't even been put through its paces yet; but if it is under warranty and the dealer refuses to fix it, go see a lemon law lawyer as you may be entitled to a new motorcycle, a replacement, or your money back.
It's not just motorcycles that are protected under the lemon law; many different types of vehicle are covered depending on the state you are in. For instance, a lot of states also cover trucks, minivans, SUVs, RVs, campers, boats, cars, and even jet-skis. It doesn't take much research to see if your particular vehicle is covered either; simply check the Federal Warranty Act in your state.
Lemon Law Claims
Manufacturers who know they have been selling rubbish vehicles or potential death traps have been known to drag their feet when someone complains about their new vehicle falling to bits for fear of massive recalls. There is also a flip side to that coin; other manufacturers may settle fairly quickly as to avoid unwanted bad publicity caused by your lemon.
One thing you should never do if you have a suspected lemon, is be tempted in taking the motorcycle elsewhere to be repaired thinking that someone else may do a better job. If a lemon is suspected, the manufacturer will want to examine your motorcycle before making any decisions and you may even void your warranty by going elsewhere.
So, in short, if your new or used vehicle was bought with a warranty and it keeps breaking down on you, or has had a serious defect with the braking system, then speak to an attorney about the possibility of invoking a lemon law lawsuit. Don't feel you are being a pain by continually coming back with your fault; keep at it and don't give in.

STANDARDS OF THE NEVADA LEMON LAW

The following is a brief explanation of most relevant provisions of the Nevada lemon law. The complete text of the lemon law can be found at Nevada Rev. Stat. section 597.600 et seq.

VEHICLES COVERED

The Nevada lemon law covers motor vehicles, defined as self-propelled vehicles in, upon or by which any person or property is or may be transported upon a public highway. The lemon law appears to cover used vehicles, but does not cover motor homes or off-road vehicles.

CONSUMERS COVERED

The lemon law covers the “buyer”, defined as:

1.
A person who purchases or contracts to purchase, for purposes other than resale, a motor
vehicle normally used for personal, family or household purposes;
2.
Any person to whom the motor vehicle is transferred during the time a manufacturer’s
express warranty applicable to the motor vehicle is in effect; and
3. Any other person entitled by the terms of the warranty to enforce its obligations.
The lemon law appears not to cover a lessee.

VEHICLE CONVERTERS

The lemon law does not apply to vehicle converters.

PROBLEMS COVERED

The lemon law covers any defect or condition that substantially impairs the use and value of the motor vehicle to the buyer. This is referred to as a nonconformity. The lemon law does not cover a defect or condition that is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.

MANUFACTURER’S DUTY TO REPAIR

If a motor vehicle does not conform to all of the manufacturer’s applicable express wrranties, and the buyer reports the nonconformity in writing to the manufacturer before the expiration of the manufacturer’s express warranties or one year after the date of the motor vehicle’s delivery to the original buyer – whichever is earlier – then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the motor vehicle to the express warranty.

The necessary repairs must be made even if the term of the warranty or the one year period has expired.

This information is not intended as legal advice. Please direct specific questions to your legal counsel. 2004, Council of Better Business Bureaus, Inc.

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MANUFACTURER’S DUTY TO REPURCHASE OR REPLACE A VEHICLE

If the manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting a nonconformity after a reasonable number of attempts, the manufacturer must either replace or repurchase the motor vehicle.

REASONABLE NUMBER OF REPAIR ATTEMPTS

The Nevada lemon law establishes a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if, within the time the express warranty is in effect or within one year following the date of the motor vehicle’s delivery to the original buyer, whichever occurs first, either of the following occurs:

1.
The same nonconformity has been subject to repair four or more times by the manufacturer, its agent or authorized dealer but the nonconformity continues to exist, or
2.
The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days. So you take your motorcycle in on Friday and your called on Tuesday, it's ready - "That's 4 days out of service !"
The 30 day period is extended by any period of time in which the necessary repairs cannot be made for reasons that are beyond the control of the manufacturer, its agent or authorized dealer.
The time the express warranty is in effect and the one year period are extended by any period of time during which repair services are not reasonably available to the buyer because of war, invasion, strike, fire, flood, or other natural disaster.

DISPUTE RESOLUTION

If the manufacturer has established or designated an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then they buyer may not bring an action under the provisions requiring refund or replacement unless the buyer has first resorted to the informal dispute settlement procedure.

TIME PERIOD FOR FILING CLAIMS

An action must be commenced within 18 months after the date of the vehicle’s original delivery to the buyer.

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REMEDIES UNDER THE NEVADA LEMON LAW

REPURCHASE OF OWNED VEHICLE

The Nevada lemon law sets out the following amounts that a manufacturer must pay when it repurchases a motor vehicle under the lemon law:

1. The full purchase price, and
2. All sales taxes, license fees, registration fees and other similar governmental charges;
3. Less a reasonable allowance for the buyer’s use of the vehicle.
Refunds must be made to the buyer and lienholder, if any, as their interests may appear.

The reasonable allowance for use is that amount directly attributable to use by the buyer before the first report of the nonconformity to the manufacturer, agent or dealer, and during any subsequent period when the vehicle is not out of service for repairs.

REPLACEMENT VEHICLE

The Nevada lemon law provides that a replacement vehicle must be a comparable motor vehicle of the same model and having the same features as the replaced vehicle or, if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle. The reasonable allowance for use does not apply to a replacement.

This information is not intended as legal advice. Please direct specific questions to your legal counsel. @ 2004, Council of Better Business Bureaus, Inc.

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Chaz O'Neill's Performance Engineering

I'm Very Protective Of My Customers and Will Do The Best That I Can To Help Inform Them Of Unethical Tactics Used In The Motorcycle Industry ! I've Spent Over 35 Years Around The USA Servicing The Needs Of The Harley-Davidson Customer Just Like Yourself. My Goal Is To Help You The Customer, Support My Staff and To Make A Living For My Family. Chaz O'Neill

Outdoor view with rainbow

Reno Nevada Looking Southeast of Down Town

Picture taken by Chaz O'Neill

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