5030
Epic Contributor
- Joined
- Feb 21, 2003
- Messages
- 24,680
- Location
- SE Michigan in the middle of nowhere
- Tractor
- Kubota M9000 HDCC3 M9000 HDC
Robert:
I agree, to a point. Any manufacturer has an obligation to fix a defect or replace the effected part in kind, but no manufacturer, yourself included is liable for damages or downtime resulting from the defect. That would become an arbitration case and the attendant legal fees would probably negate the damage anyway. I'm not saying that any reputable manufacturer in "good faith" wouldn't step up to the plate so to speak and try to arrive at a workable solution, I'm sure you, or myself or Kioti or any company would, service after the sale and standing behind your product is what business is all about. However, all companies have a "turn and fight" line that separates good faith from the courtroom.
I've never had a warranty claim on a car, but I believe (and I could be wrong) that if you have a value degrading problem in a car, you can submit to binding arbitration and I know we have a "lemon law" in Michigan, my wife's brother had his Lincoln bought back by Ford and he's a Ford employee to boot.
In the end, it will be up to Highbeam to decide whether the repaired loader is serviceable or whether he feels "harmed" enough to justify a new loader.
Personally, I'll be rooting for a new one.
And, I know you can spell......your mind probably is faster than your fingers, like mine. /forums/images/graemlins/grin.gif
I have i.e spell on my browser and it kicks in before I post a message as my spelling isn't too good and I admit it. /forums/images/graemlins/grin.gif
Finally, you can keep the snow over by GR. I have cabin fever....need to get my scooter out.
I agree, to a point. Any manufacturer has an obligation to fix a defect or replace the effected part in kind, but no manufacturer, yourself included is liable for damages or downtime resulting from the defect. That would become an arbitration case and the attendant legal fees would probably negate the damage anyway. I'm not saying that any reputable manufacturer in "good faith" wouldn't step up to the plate so to speak and try to arrive at a workable solution, I'm sure you, or myself or Kioti or any company would, service after the sale and standing behind your product is what business is all about. However, all companies have a "turn and fight" line that separates good faith from the courtroom.
I've never had a warranty claim on a car, but I believe (and I could be wrong) that if you have a value degrading problem in a car, you can submit to binding arbitration and I know we have a "lemon law" in Michigan, my wife's brother had his Lincoln bought back by Ford and he's a Ford employee to boot.
In the end, it will be up to Highbeam to decide whether the repaired loader is serviceable or whether he feels "harmed" enough to justify a new loader.
Personally, I'll be rooting for a new one.
And, I know you can spell......your mind probably is faster than your fingers, like mine. /forums/images/graemlins/grin.gif
I have i.e spell on my browser and it kicks in before I post a message as my spelling isn't too good and I admit it. /forums/images/graemlins/grin.gif
Finally, you can keep the snow over by GR. I have cabin fever....need to get my scooter out.