My letter to Kioti, loader rerepair, long

[ultrarunner]

I am not a Lawyer, but I have Judged a number of consumer arbitration cases in California and just because Kioti states "There are no warranties beyond those which expressly appear herein", it does not exclude other remedies Highbeam can pursue.

The Feds have the Magnuson-Moss Warranty Act 15 U. S. C. 2301 et seq. and in California we have the "Song-Beverly Warranty Act Section 1790-1790.4".

Both the codes govern warranties on consumer products. The key item is Consumer Products, i.e. not normally used in business.

Two act provisions that come to mind are 1. A product must be fit for the ordinary use intended and 2. Any manufacturers warranty is automatically extended by the number of days a product is out of service for warranted repairs.

By the way, The Magnuson-Moss Warranty Act was co-sponsored by Senator Warren G. Magnuson of Washington in 1975.

In addition, the Consumer Product Safety Commission takes complaints on consumer goods that by design or defect may cause injury.

Also in certain areas, the Better Business Bureau, (BBB) takes and tracks complaints as well as your state Attorney General.

Hang in there Highbeam and Thank You for your contributions to TBN.

 

[ultrarunner]

I am not a Lawyer, but I have Judged a number of consumer arbitration cases in California and just because Kioti states "There are no warranties beyond those which expressly appear herein", it does not exclude other remedies Highbeam can pursue.

The Feds have the Magnuson-Moss Warranty Act 15 U. S. C. 2301 et seq. and in California we have the "Song-Beverly Warranty Act Section 1790-1790.4".

Both the codes govern warranties on consumer products. The key item is Consumer Products, i.e. not normally used in business.

Two act provisions that come to mind are 1. A product must be fit for the ordinary use intended and 2. Any manufacturers warranty is automatically extended by the number of days a product is out of service for warranted repairs.

By the way, The Magnuson-Moss Warranty Act was co-sponsored by Senator Warren G. Magnuson of Washington in 1975.

In addition, the Consumer Product Safety Commission takes complaints on consumer goods that by design or defect may cause injury.

Also in certain areas, the Better Business Bureau, (BBB) takes and tracks complaints as well as your state Attorney General.

Hang in there Highbeam and Thank You for your contributions to TBN.

 

[dholly]

</font><font color="blue" class="small">( I have made that request and asked that question. I haven't gone so far as to demand it. Kioti could have nipped this thing right away had they gone this route. )</font>

Sorry HB, I never saw in your original letter or subsequent posts that you actually made the request. To be fair and clear, was it directed to Kioti, the dealer or both?

 

[dholly]

</font><font color="blue" class="small">( I have made that request and asked that question. I haven't gone so far as to demand it. Kioti could have nipped this thing right away had they gone this route. )</font>

Sorry HB, I never saw in your original letter or subsequent posts that you actually made the request. To be fair and clear, was it directed to Kioti, the dealer or both?

 

[KiotiJohn]

</font><font color="blue" class="small">( If a guy with leaky lines is going to inspect his hoses and have the plate off, whats wrong with pointing out the thought of looking for cracks that may be evident at that time??
Am i missing something here??)</font>
What's missing is the WAY it was posted. The owner asked:

</font><font color="blue" class="small">( This is the 1st tractor i've had and want to know if this is common for a new tractor. What should I do? )</font>

And the response was:
</font><font color="blue" class="small">( Check the loader for cracks? /forums/images/graemlins/confused.gif)</font>

I'm not belittling Highbeam, I'm just hoping to point out that not every post needs to include a reference to cracking of the loader. We already have a huge thread on that!
John

 

[KiotiJohn]

</font><font color="blue" class="small">( If a guy with leaky lines is going to inspect his hoses and have the plate off, whats wrong with pointing out the thought of looking for cracks that may be evident at that time??
Am i missing something here??)</font>
What's missing is the WAY it was posted. The owner asked:

</font><font color="blue" class="small">( This is the 1st tractor i've had and want to know if this is common for a new tractor. What should I do? )</font>

And the response was:
</font><font color="blue" class="small">( Check the loader for cracks? /forums/images/graemlins/confused.gif)</font>

I'm not belittling Highbeam, I'm just hoping to point out that not every post needs to include a reference to cracking of the loader. We already have a huge thread on that!
John

 

[Highbeam]

I directed that directly to Kioti, I caught a little heck for just pasting my Kioti correspondence here and I tend to agree so I have been passing on the jist of the progress for all to benefit. I have again today rerequested that Kioti direct the dealer to switch one over from his floor stock. I think Kioti needs to direct the dealer on this one.

The time dragging is something that I can't get back, new loader or not. Soon the burn bans will be up so I can't burn my brush piles. Soon the grass will be grown up to my ears. Hey I bought a tractor because I needed a tractor. I needed to be working it over the last few weeks.

 

[Highbeam]

I directed that directly to Kioti, I caught a little heck for just pasting my Kioti correspondence here and I tend to agree so I have been passing on the jist of the progress for all to benefit. I have again today rerequested that Kioti direct the dealer to switch one over from his floor stock. I think Kioti needs to direct the dealer on this one.

The time dragging is something that I can't get back, new loader or not. Soon the burn bans will be up so I can't burn my brush piles. Soon the grass will be grown up to my ears. Hey I bought a tractor because I needed a tractor. I needed to be working it over the last few weeks.

 

[gmsssi]

Sent to Kioti by me, let's all lend a hand and let them know how you feel.................


From a current owner of a DK45s! Would you please address the KL120 and KL130 loader problems (cross member cracking) that many of my friends are experiencing! It would do Kioti well to acknowledge the problem to current owners of these products and address it ASAP. Besides potentially becoming a public relations problem to Kioti due to the internet traffic on the subject, it could potentially become a safety issue. Please make me proud to be a member of the Kioti family!

Sincerely,

Greg Mallory

 

[gmsssi]

Sent to Kioti by me, let's all lend a hand and let them know how you feel.................


From a current owner of a DK45s! Would you please address the KL120 and KL130 loader problems (cross member cracking) that many of my friends are experiencing! It would do Kioti well to acknowledge the problem to current owners of these products and address it ASAP. Besides potentially becoming a public relations problem to Kioti due to the internet traffic on the subject, it could potentially become a safety issue. Please make me proud to be a member of the Kioti family!

Sincerely,

Greg Mallory