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Any lawyers in the house?
- Thread starter boooya
- Start date
MarcosSantiago
Well-known member
I'm not a lawyer, but I have a tip for you.
You said that the bill of sale says 36 months of manufacturer's warranty. I think this is a lie, because everybody knows (well, at least Yamaha owners know) that the Yamaha warranty is 1 year, except the "Royal Star" line (5 years).
Source: http://www.yamaha-motor.ca/assets/pdf/products/en/factory_MC.pdf
Therefore, the dealer should not misrepresent the product by claiming 36 months of Yamaha warranty. That's the first problem!
Based on the information found on OMVIC website they need to be part of the group to apply and in this case it does not appear that "Two Wheel Motorsports" is listed. Of course this only applies to the OMVIC portion and you still have a valid case otherwise. Best of luck!
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[h=6]Know When You’re Protected[/h] Consumer protection legislation ONLY applies when consumers buy from an OMVIC-Registered Dealer. There is no consumer law that covers private transactions. If something goes wrong, you’re on your own.
To identify an OMVIC-registered dealer, look for the blue and yellow decal on dealership doors and windows.
OR
Click on the button below to search for OMVIC-Registered Dealers and salespeople:
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LINK: https://www.omvic.on.ca/portal/Consumers/ConsumerProtection.aspx
***************************************
[h=6]Know When You’re Protected[/h] Consumer protection legislation ONLY applies when consumers buy from an OMVIC-Registered Dealer. There is no consumer law that covers private transactions. If something goes wrong, you’re on your own.
To identify an OMVIC-registered dealer, look for the blue and yellow decal on dealership doors and windows.
OR
Click on the button below to search for OMVIC-Registered Dealers and salespeople:
***************************************
LINK: https://www.omvic.on.ca/portal/Consumers/ConsumerProtection.aspx
statsman
Well-known member
I have no idea how the dealer figures your 36 months are up. The warranty period should have started on the date this is on the bill of sale.
Even if they backdated it to 2014, it still wouldn't expire until 2017 !
Did you pay for the extra 6 year extended warranty? If so, the dealer took your money and unless they have refunded it, they are guilty of fraud.
I get the funny feeling there has been a change in policy between Yamaha Canada and their dealers.
Normally, when a dealer does service under warranty they bill the company for it. Could it be Yamaha Canada isn't paying the dealers anymore?
If so, the dealer has no interest in doing warranty work anymore as they can't bill you or the head office for it.
Have you written to the head office about this? Phone calls aren't working, perhaps a letter might.
Compose a calm letter with all the facts and no descriptive adjectives (like **********). Send it to the President of Yamaha Canada via registered mail.
Even if they backdated it to 2014, it still wouldn't expire until 2017 !
Did you pay for the extra 6 year extended warranty? If so, the dealer took your money and unless they have refunded it, they are guilty of fraud.
I get the funny feeling there has been a change in policy between Yamaha Canada and their dealers.
Normally, when a dealer does service under warranty they bill the company for it. Could it be Yamaha Canada isn't paying the dealers anymore?
If so, the dealer has no interest in doing warranty work anymore as they can't bill you or the head office for it.
Have you written to the head office about this? Phone calls aren't working, perhaps a letter might.
Compose a calm letter with all the facts and no descriptive adjectives (like **********). Send it to the President of Yamaha Canada via registered mail.
I waited on commenting as I figured it was auto correct and not you being sarcastic ☺
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Riceburner
Well-known member
Manufactures wash their hands of it. As far as they are concerned, the vehicle is "sold" to the dealer. It's the dealer's to sell as they see fit, whatever that entails.
Thats the first issue.
In this case Yamaha is stepping in it seams and I should here back soon.
I would avoid any settlement that has a dealer supplied warranty. Do you want to take your bike back to them after all this? Warranty should be one you can bring the bike to another dealer for repairs.
In the end, they sold you a used bike since they had already registered it. If you can't get resolution, small claims court is likely your best bet.
In the end, they sold you a used bike since they had already registered it. If you can't get resolution, small claims court is likely your best bet.
Resolution is in the works but I think they are playing games with me again thinking they have the uper hand here.
Will know what's going in by Monday where we will settle on a resolution or I will unleash all hell on them. They have no idea what I have planned for them, ive given them every opportunity and this is the last one.
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Will know what's going in by Monday where we will settle on a resolution or I will unleash all hell on them. They have no idea what I have planned for them, ive given them every opportunity and this is the last one.
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I will have a full review of Two Wheel Motorsport and the outcome of this issue early this week.
It has for the most part been tentatively resolved if we agree to one last small detail, and they are really pushing the boundaries of my patience and the legalities of this issue.
I dont think I can give the details of what is going on at this point till i hear back from them on Monday so I wont say anything. But if they dont come up to bat I guarantee you it will all surface and it not looking good on them.
But like I said this can still be resolved very easily and Im hoping it will and I can put this behind me.
I have someone at Global News interested in making a news story out of this.
Also have OMVIC, Ontario Consumers Act, BBB and a lawyer all on stand by come there response to me on Monday.
I havnt even started to open the can on these guys.
It has for the most part been tentatively resolved if we agree to one last small detail, and they are really pushing the boundaries of my patience and the legalities of this issue.
I dont think I can give the details of what is going on at this point till i hear back from them on Monday so I wont say anything. But if they dont come up to bat I guarantee you it will all surface and it not looking good on them.
But like I said this can still be resolved very easily and Im hoping it will and I can put this behind me.
I have someone at Global News interested in making a news story out of this.
Also have OMVIC, Ontario Consumers Act, BBB and a lawyer all on stand by come there response to me on Monday.
I havnt even started to open the can on these guys.
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Not sure how this reflects poorly on Yamaha. They built the bike, they sold the bike to dealer. It is dealership that played fast and loose with the details and the legalities. The dealership is an independent business. At best all Yamaha can do is remove the dealer designation from two wheels. Yamaha "could" offer a factory extended warranty, but has no requirement to do so.
The thread does indeed highlight the shady way this dealership, seems to conduct their business.
The thread does indeed highlight the shady way this dealership, seems to conduct their business.
Yamaha does have to chose which channels to distribute their product with.
If it's with shady dealerships that treat customers poorly, it reflects on their brand too.
What is their responsibility to make things right? Well that really is dependant on the dealerships actions or inaction.
I've seen corporate head offices back customers and either force the dealer/franchise to make it right or do it themselves.
I've also seen them back their dealership/franchise depending on circumstances. Some customers can make unreasonable demands and would be happy to see them run to media outlets to share their story.
Not saying that's the case here. Not at all.
But the pull corporate head offices have over their dealership network can be very strong.
Depends on the agreement and the corporate culture.
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The concerns I raised about Two Wheel Motorsport in my previous posting have been resolved to my complete satisfaction. Two Wheel Motorsport was dealing with me in good faith from the start, not fraudulently in any way, although they did not make it clear to me at the time. I would like to say thank you to Yamaha and to Two Wheel Motorsport for working to resolve my concerns. Not only does Yamaha make the best motorcycles in the world, but it seems that complete customer satisfaction is important to them as well. I truly appreciate the effort put forth, in particular by Jens Christensen, the General Manager at Two Wheel Motorsport, in organizing and arranging to go above and beyond to resolve my issue. I feel that a notable and positive effort has been demonstrated in order to provide a fair and supportive resolution in order to ensure their customers’ satisfaction. Consumers have no need to fear dealing with Two Wheel Motorsport. It is obvious from my experience that they can make mistakes, but it is now equally obvious that they do indeed stand behind their work.
Did they send that to you to post? LOL
I read letters from lawyer's all day and that sure sounds like one...I bet it was part of the deal that they wouldn't make it right unless you posted this puff piece..
Oh well. Glad in the end it was handled for you. As has been said though, shouldn't have taken all this to get it done. Something tells me they only came to the table because of how vocal you were, not because they really want to make sure every customer is satisfied.. But at least it worked out this time.
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I read letters from lawyer's all day and that sure sounds like one...I bet it was part of the deal that they wouldn't make it right unless you posted this puff piece..
Oh well. Glad in the end it was handled for you. As has been said though, shouldn't have taken all this to get it done. Something tells me they only came to the table because of how vocal you were, not because they really want to make sure every customer is satisfied.. But at least it worked out this time.
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