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Old 04-15-2008, 07:56 AM   #1
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This may be a stupid question but, say you have a little mishap, they find out a few months later that a part was recalled, a part that when failed would have caused that mishap....

Seeing how the manufacturer fixed the defective part, do they also fix the damage from the mishap that was caused from the parts failure?

Example: I get this warrior, about two weeks from getting it, I am pulling out of my local CVS and the bike stalls. Traffic is coming so I need to get this thing off the road and in doing so, I hit a patch of soft dirt on the side of the road and the bike goes down causing a small dent in the tank and the shifter to be bent.

About 5 months later, there is a recall for the TPS (throttle position sensor). This defect was causing the bike to stall. Where I got that replaced for free... it would be nice to have my tank and shifter replaced too.

Anyone know? Gonna try to call Yamaha to see what they say, just wondering if anyone else had a similar experience.
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Old 04-15-2008, 08:24 AM   #2
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according to Yamaha, the answer is NO!

NICE!

Granted it's just a ding in the tank and a bent shifter.... good thing it was nothing serious, like injury or death. Anyway, just a little FYI should this happen to any of you.
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Old 04-15-2008, 08:39 AM   #3
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I would have told them that it stalled while going around a slow corner and the bike wrecked due to the faulty TPS. Demanding that they correct the bike to as it were before the TPS malfunction.

No way would I have told them that I was pushing it when it went over.
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Old 04-15-2008, 08:44 AM   #4
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Quote:
Originally Posted by 2upFZ1 View Post
I would have told them that it stalled while going around a slow corner and the bike wrecked due to the faulty TPS. Demanding that they correct the bike to as it were before the TPS malfunction.

No way would I have told them that I was pushing it when it went over.
+1

If it would have directly caused the mishap, then you may have had a case. But in this case, Yamaha would rightfully state that the TPS didn't cause you to drop your bike while pushing it.

BTW, this bit of amateur legal advice is worth exactly what you paid for it.
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Old 04-15-2008, 09:07 AM   #5
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Ed Zachary
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Old 04-15-2008, 12:56 PM   #6
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Quote:
Originally Posted by 2upFZ1 View Post
I would have told them that it stalled while going around a slow corner and the bike wrecked due to the faulty TPS. Demanding that they correct the bike to as it were before the TPS malfunction.

No way would I have told them that I was pushing it when it went over.
I wasn't pushing it..... It did die in mid turn and I had to coast it off the side of the road to avoid getting hit. not sure the speed I was going, but it was enough to get me across 4 lanes of traffic.... and enough to cause the bike to slide when it hit the dirt with enough force to dent the tank and bend the shifter.
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Old 04-15-2008, 01:04 PM   #7
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Then that sounds like you have a case. I would discuss it with a lawyer and see what they suggest.
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Old 04-15-2008, 01:27 PM   #8
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Originally Posted by 2upFZ1 View Post
Then that sounds like you have a case. I would discuss it with a lawyer and see what they suggest.
yeah, them things are more expensive than replacing the parts. tank - approx 800.00, shifter approx. 80.00.

Trying corporate again.... gonna talk to someone a bit higher up. We'll see after that.

Personally, I hate lawyers.... There are other ways to get results
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Old 04-15-2008, 01:34 PM   #9
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Until you need one.
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Old 04-15-2008, 01:40 PM   #10
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true... been lucky so far...
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Old 04-15-2008, 02:07 PM   #11
Howie B
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I shoulda been an attorney..
 
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