4320 Blowing blue smoke and way down on power.

RRacing · Aug 3, 2005

Another wasted day on the phone with John Deere!!! /forums/images/graemlins/mad.gifThey didn't even work on the tractor today at all at the dealers and John Deere Response was O well maybe tomorrow!!I tried calling the VP of John Deere sales but he was promoted to treasurer and would not give me the phone number of his replacement. /forums/images/graemlins/frown.gif We spent 4 house in 95+ degree heat today unloading a truck that We could have unloaded in 15 minutes with the tractor!!!

Jim

tillboy2001 · Aug 3, 2005

Screw that. I'd be down there in their face, making a scene in front of all their prospective customers. Maybe if you fuss enough, like in front of other customers at a food joint, they'd be willing to do whatever it tmok to keep you quiet and satisfied. You need to keep on them.

RRacing · Aug 4, 2005

John deere called today ( not the dealer the customer hotline) to inform me that the mechanic that has been working on my tractor for weeks hurt himself at work and hasn't been there for the last 2 days and wasn't positive when he would or when they would continue to work on the tractor. I left a message for the owner of the dealership asking him to call me in the morning about a 4720 that has been sitting on his lot for months to take back the 4320 in trade, This hole thing is getting out of control and John Deere is still saying there is nothing they can do!!! /forums/images/graemlins/mad.gif

Jim

Cactus · Aug 5, 2005

( This hole thing is getting out of control and John Deere is still saying there is nothing they can do!!! )

Have you talked to a lawyer ??? He or she could help motivate them a little. /forums/images/graemlins/wink.gif

bigpete · Aug 5, 2005

/forums/images/graemlins/mad.gif

You are going to have to write a clear and concise letter to your dealer, with a copy to JD, identifying your requirement of a new machine. Try something like this:

==============================
Mr. RRacing
<Return Address>

<Date>

<Dealership Name>
<Dealership Owner Name>
<Dealership address>

RE.: Purchase Agreement <Account #> Termination for Delivery of Defective Equipment

Dear <Dealership owner>:

On <Date, Month, Year> I received delivery of a John Deere 4320 purchased as new equipment from your dealership. Immediately upon operation after delivery, the tractor began smoking and malfunctioning, indicating a significant problem with the engine and other major systems in the tractor. Your dealership currently has the tractor in your shop and your staff has been unable to identify the cause of the problem or provide me with a satifactory repair solution under warranty.

My agreement to purchase a tractor from your dealership was based upon anticipated delivery of a "new," fully functional tractor. The tractor delivered to me is defective and does not satisfy your commitment under the purchase agreement.

Please consider this letter as notification of my refusal to accept delivery of the John Deere 4320 tractor originally delivered on <Month, Date, Year>. Please terminate the purchase agreement and return all monetary consideration I have remitted to your dealership and John Deere under the purchase agreement. If you wish to discuss an alternative remedy, such as delivering a different, new tractor to fulfill your obligation under this purchase agreement, please contact me immediately to inform me of your intent to do so, and submit such a proposal within ten (10) business days of this letter.

Very truly yours,

Mr. RRacing

cc. John Deere Customer Care
==============================

Good luck

KennedyDiesel · Aug 5, 2005

Perfect!

rockyridgefarm · Aug 5, 2005

I agree! Here's hopin'

KennedyDiesel · Aug 5, 2005

My attempt went around in a big fat circle. My guy is in an unrelated part (Ag div) and when he referred it, Deere thought it was MY tractor and called me.

For a moment I thought this may be someone with some "juice" but it came to be the regular customer svc dept (800-537-8233) so I won't hold out any hopes.

The gal DID know you were from St Leonard when I said someone from MD so they are aware of your situation. I told her that my hope was that Deere would send someone out to fix or condemn it ASAP.

I also told her that I specifically steered away from this series because of the use of Stanadyne fuel system. /forums/images/graemlins/blush.gif

bigpete · Aug 5, 2005

--a little more on the topic.

It will be important at this point for you (RRacing) to let JD know that you are not interested in warranty repair as a solution. "Refusing delivery" has the effect of limiting JD's ability to exercise its rights under warranty to "repair or replace..." a defective machine or part. Basically, you are stating that have never been delivered a machine that conforms to the terms of the agreement, which is a better place to stand--legally. The diplomatic form of the letter allows the dealer to fulfill his initial obligation under the agreement by providing a new (different) tractor. This works because the machine malfunctioned immediately upon delivery and not after, say, 20 hours, or so. If that happens, JD has every right to try to remedy this thing under warranty repair options.

Have you tried to exercise the so-called "John Deere Promise?"