Re: brand new Yamaha 250 four stroke
"The MFG. does not have responsibility for a dealer mistake." <br /><br />If that were the case, consumers would have no recourse for a dealer that makes a mistake repairing or diagnosing a problem. How would a consumer ever get to exercise his warranty? Dealers would be able to make "mistakes" left and right, held to no standards by the manufacturer. <br /><br />"The franchise laws of most states hold the two (MFG. and dealer) as wholly seperate entities. That's the way the dealers lobbied for the laws, thus that's the way they're written. "<br /><br />Franchise laws really have nothing to do with consumer rights and warranty laws.<br /><br />Franchise laws only seperate dealers from manufacturers in a way that can not make the dealer responsible for the manufacturer's warranty negligence. Thus, the laws created by dealers who lobbied in order to protect themselves from the financial risks of having to cover claims not paid by the manufacturer. <br /><br />This is much different than the manufacturer taking responsibility for dealer screw ups. The manufacturer is the entity determining if the consumer's warranty claim will be covered or not, not the dealer. If the dealer will not cooperate with the consumer, the consumer has no choice but to resolve it with the manufacturer (other than legal). This process is usually spelled out in your warranty policy. And if the manufacturer won't cover the claim, the consumer must fight this manufacturer, not the dealer. An example is this case where Yamaha is determining the coverage, not the dealer.<br /><br />Manufacturers have the ability to "charge back" or "require reimbursement" from a dealer for repairs or modifications like this that are inconsistant with the manufacturers instructions. It is not the consumers responsibility to get it out of the dealer. The consumer only knows that his brand new outboard does not work. The dealer is an authorized agent for the manufacturer and in most states like Flordia, this dealer is held at the same level of responsiblity as the manufacturer.<br /><br />Food for thought.... <br /><br />Flordia Statutes: Section 681.103 (1)<br /> <br />If a motor vehicle does not conform to the warranty and the consumer first reports the problem to the manufacturer or its authorized service agent during the Lemon Law rights period, the manufacturer or its authorized service agent shall make such repairs as are necessary to conform the vehicle to the warranty....<br /><br />At the time of acquisition, the manufacturer shall inform the consumer clearly and conspicuously in writing how and where to file a claim with a certified procedure if such procedure has been established by the manufacturer pursuant to s. 681.108. The manufacturer shall provide to the dealer and, at the time of acquisition, the dealer shall provide to the consumer a written statement that explains the consumer's rights under this chapter. The written statement shall be prepared by the Department of Legal Affairs and shall contain a toll-free number for the division that the consumer can contact to obtain information regarding the consumer's rights and obligations under this chapter or to commence arbitration. If the manufacturer obtains a signed receipt for timely delivery of sufficient quantities of this written statement to meet the dealer's vehicle sales requirements, it shall constitute prima facie evidence of compliance with this subsection by the manufacturer. The consumer's signed acknowledgment of receipt of materials required under this subsection shall constitute prima facie evidence of compliance by the manufacturer and dealer. The form of the acknowledgments shall be approved by the Department of Legal Affairs, and the dealer shall maintain the consumer's signed acknowledgment for 3 years. <br /><br />A manufacturer, through its authorized service agent, shall provide to the consumer, each time the consumer's motor vehicle is returned after being examined or repaired under the warranty, a fully itemized, legible statement or repair order....<br /><br />If the manufacturer, or its authorized service agent, cannot conform the motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within 40 days, shall repurchase the motor vehicle and refund the full purchase price to the consumer....<br /><br />(4) It is an affirmative defense to any claim under this chapter that: <br /><br /> (a) The alleged nonconformity does not substantially impair the use, value, or safety of the motor vehicle; <br /><br /> (b) The nonconformity is the result of an accident, abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by persons other than the manufacturer or its authorized service agent....<br /><br />In this case, the abuse was a result of the authorized service agent. Thus, an affirmative defense to the warranty claim doesn't exist.<br /><br />IMO, Yamaha gives this guy a new motor under his warranty rights, and Yamaha holds the dealer responsible under their franchise contract. Sometimes big manufacturers have to pay the price for having authorized agents distribute and deliver their product to consumers.<br /><br />Failing to pay the lien would be a last resort, and certainly dependent upon the situation. In my case and considering the relationship with my bank, it would not ruin my credit, but probably get something done about the dealer possibly ruining his credit. $15,000+ is a lot of money for some people and the bottom line is that this action would eliminate that financial burden putting food back on the table. It's not like you're not paying the loan back....the bank is getting the practially new $15,000 outboard. Even offering to pay the bank the repo fees, auction fees, and depreciation may outweigh taking the chance that this $15,000+ outboard will fail and not be covered under warranty. I could see dumping $5000 into this motor easily....and maybe soon.
Well now it starts!!!!!!!!!! HELP... Dealer took in and blamed Yamaha. Yamaha says this is not a factory install. Dealer cleaned up motor and told me to get it off ot their property!!!! It was not their problem. It looks ok on the outside with exception of the flywheel can still see corosion. I am concerned with the inside of the intake and the top of the pistons and the valves... I am still going to battle with them. However, I would like some professional input on this subjuct to see if I am wasting my time or if there was some detramental damage done to the inside of this Brand New engine. <br />What are your feelings on this?<br />Steven KIng
