sixdogs
Super Star Member
- Joined
- Dec 8, 2007
- Messages
- 13,805
- Location
- Ohio
- Tractor
- Kubota M7040, Kubota MX5100, Deere 790 TLB, Farmall Super C
I'm not a lawyer but your quote is an important one because I believe what has become the standard through past experience can become the legal standard for a future purchase. The prior delivery standard becomes the expected norm. I think they call it "estoppel."
I am not an attorney but if a buyer has a reasonable expectation of a product based on past delivery of that product, it might become a part of the unwritten contract. I mean if a Kubota tractor shows up painted green you would have an issue because they set a standard of expectation by always delivering orange tractors.
If the weld standard is not up to snuff and a reading of welding quality standards says you got the shaft, find a welding instructor or two or three that agrees with you and get it in writing. Small claims court might be worth a look if you are truly not happy and the welds are truly sub-standard. It depends on your resolve and if the dollar limit of small claims court covers your $$ request. Surely Kubota doesn't want to deal with this issue in small claims court.
If you want to push this you could do your homework to make an ironclad, irrefutable case and then call higher up the food chain at Kubota and share the conclusion of your findings and what you want to be happy. You could even have an attorney write a letter based on your efforts for maybe $100.
You present a winnable arguement to Kubota and I'll bet they want nothing to do with the hassle. They are an excellent company with high business paractice standards and won't fight something they likely can't win. They might not even be aware of this problem.
As well, you could also ask the dealer to swap this loader with a new one --and give him $200 or so and see what he says. Might get rid of the problem and would also show the small claims court you tried to resolve things.
Just my two cents here.
I posted this once but let me say again I believe you have an excellent small-claims court case here if no one will fess up. Some times you have stand up for what is right.