Kubota Legal request this be posted.

CWStevenson · Sep 28, 2003

As many of you know, I've been battling KUBOTA over a defective backhoe for 4 months now. Kubota has stated that any time a non-KUBOTA accessory is installed or used, the warranty is void and, it’s at Kubota’s sole discretion as to whether they will pay for any repairs, even if not related to the non-approved part.

There is one instance where simply installing a “work” light has caused an owner problem with other warranty work. Kubota legal has specifically warned me not to encourage people to purchase "gray market" Kubota's because even though they represent a great value they are not certified for North American air quality or safety standards and, that by recommending them may make me liable in the event someone was injured.

Therefore, in conformance with Kubota’s demand, I’m reposting the details and have omitted the references to gray market Kubotas.

Important information for existing Kubota owners and, anyone thinking of purchasing a new Kubota, please be aware, that even if you use a woods or a Rankin piece of equipment on your three-point and the PTO goes out, officially, you are not under any warranty. Please be aware of this fact. You can read the legalese attached if you'd like.

Due to file limitations, I cannot post the documents but they can be reviewed at: http://groups.yahoo.com/group/TractorReviews/files/

Regards

CWStevenson

Junkman · Sep 29, 2003

That is the nice thing about being a manufacturer.... you can blame the user for any defect that comes about. I have always maintained that a company will succeed or fail based on how they treat their customers. I have a Kubota product and to date I have not had any problems. I have read about other that have had problems, but it seems that they have all be resolved in the customers favor. In my opinion, they don't want to absorb the cost of the repair and that the dealer is partially at fault. The dealer should be the one fighting for you with the factory representatives. As for the install of the thumb, if the dealer was the one that installed it at the time of the sale, then I would assume that he is the one that is ultimately responsible for the warranty claim being denied. He would have had to advise you in advance in writing that the installation of the thumb would void the warranty. For this reason, I don't intend to do any modification to any part of my machine before it is out of warranty. If I purchase any product for use with my Kubota, it will be through the selling dealer and installed by him. That way, if there is a claim of the 'accessory" not being installed or used properly, the onus of repair will fall to the selling dealer.... Being in a retail business, I know that it is how I represent a claim to the manufacturer that ultimately determines how the warranty claim will be handled. One bad experience for the customer will reverberate through out the community for many months or years afterward. It is in my best interest to do all that is possible for the customer, because without the customer, I am out of business......

LAGEORGE · Sep 29, 2003

Maybe it would be best to always use the manufactures implement recommendations. On the other hand if the dealer sells you an implement to use on your tractor then he is indorsing its use on your tractor, right?. I think on issues like backhoes it is best to use the one from the manufacturer thus avoiding warranty issues down the road. But that’s my freedom of thought.

George

MikePA · Sep 29, 2003

Due to file limitations, I cannot post the documents but they can be reviewed at: 
Be advised that you have to be a member of Yahoo to access this file and it's a 734k pdf.

MikePA · Sep 29, 2003

CW, just out of curiosity, how much is/was the dealer going to charge you to repair the backhoe?

Old_Hickory · Sep 29, 2003

( Therefore, in conformance with Kubota’s demand, I’m reposting the details and have omitted the references to gray market Kubotas.
)

How did they know you posted here ?? Did you tell them or did someone else tell them ??

MikePA · Sep 29, 2003

How did they know you posted here ?? Did you tell them or did someone else tell them ?? 
The pdf document explains this.

In short, Kubota's letter does not indicate they know he posted here. Rather their letter requests he be as diligent as disseminating this information as he was in disseminating his problems with Kubota.

Old_Hickory · Sep 29, 2003

Oh...I see now,I thought maybe the Gestapo or the KGB were monitoring this site .I am only on my second cup of coffee so you will have to please excuse me. /forums/images/graemlins/blush.gif

equipman · Sep 29, 2003

CWStevenson
When you purchased the Kubota backhoe, did you get a Kubota "Owner's Warranty Information Guide"? The warranty is explained in detail in this booklet.
Lewis

fivestring · Sep 29, 2003

"Kubota legal has specifically warned me not to encourage people to purchase "gray market" Kubota's because even though they represent a great value they are not certified for North American air quality or safety standards and, that by recommending them may make me liable in the event someone was injured."

B S 

That is a scare tactic. Lawyers are good at using scare tactics. /forums/images/graemlins/mad.gif
They cannot force you to change your OPINION. /forums/images/graemlins/blush.gif
You can endorse anything and everything you want to in this country... we aren't totally socialist yet! /forums/images/graemlins/shocked.gif
Everyone knows Kubota's long standing stance against grey market tractors. Kubota knows they cut into their sales big time, so they try this way around to try and stem the flow. But guess what??? /forums/images/graemlins/confused.gif
It won't work either!!!. /forums/images/graemlins/grin.gif

Cort · Sep 29, 2003

The funny part about the "non-Kubota" implements is that they show non-Kubota implements right in their sales brochures as accessories that are available (at least they do in the BX-series brochures I have)!

I know I've seen a non-Kubota post hole digger (just to name one PTO-driven non-Kubota implement) pictured in the accessory section.

It would be tough for them to promote them in the sales literature and then claim they invalidate the warranty. Any chance you pointed this out to them?

- Cort

Junkman · Sep 29, 2003

I have to believe that if Grey market tractors were not legal because of any government regulation that they would not be allowed to be imported into the country. Try to get a Grey market car into the country without bringing it up to the US standard..... it can't be done and no amount of wrangling is going to allow it to happen. A car collector tried to get an exception to the rule and import one of the last Beetles that were made in Mexico for a museum display..... the Government said NO and that was the end of the discussion. I can espouse using cocaine and there is nothing that the government can do to me unless I sell or use it. It is called freedom of speech. The Constitution is still in effect, although the present administration would prefer to replace it with one of their own more to their liking.... it is called the Patriot Act.

SethO · Sep 29, 2003

They are not "certified" not that they are not "legal"

MikePA · Sep 29, 2003

I can espouse using cocaine and there is nothing that the government can do to me unless I sell or use it. It is called freedom of speech. The Constitution is still in effect, although the present administration would prefer to replace it with one of their own more to their liking.... it is called the Patriot Act. 
What's this got to do with what the Kubota lawyers asked CW to do? /forums/images/graemlins/confused.gif

pekabu · Sep 29, 2003

Saw a story once about the Porsche 959. A race car driver bought one, and imported it into the US. Couldn't drive it on the roads and I believe he had to get permision for the EPA or some government agency to drive it on the track.

Junkman · Sep 29, 2003

Pointing out the absurdity of their request. I was showing an example of "freedom of speech"...... and now I am pointing this out twice...... They (Kubota) are trying to stifle his freedom of speech.....

MikePA · Sep 29, 2003

They (Kubota) are trying to stifle his freedom of speech..... 
I am sure Kubota would argue that CW's 'freedom of speech' stops when he begins to libel or slander them.

hazmat · Sep 29, 2003

I joined the yahoo group, but still can't get the file. Can someone here email it to me (in my profile).

Just curious what it says.

Thanks.

Inspector507 · Sep 29, 2003

I joined just to read it. It says I'm not authorized to view it.

Junkman · Sep 29, 2003

( They (Kubota) are trying to stifle his freedom of speech..... 
I am sure Kubota would argue that CW's 'freedom of speech' stops when he begins to libel or slander them. )

I don't think that what he has written is either libelous or slanderous...... but then, I am not an attorney.... I am certain that some attorney could take almost any thing and make an argument for it being libel or slander.