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Windshield failure

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Ghost Rider

Ghost Rider

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Location
Belton, TX
First Name
JD
Last Name
Evans
I purchased a 3 inches taller than stock windshield for my Vstrom. Local Suzuki dealer told me to look it over as it was mine once I left the store. Mounted it, and on the first test ride it fluttered something fierce. Went back checked that everything was mounted properly, which it was, and went for a second ride. As I approached 60 mph the windshield started to flutter, just shy of 70 mph the windshield folded back. I was riding with the faceshield open and the protective molding for the edge came back and whipped me in the face.

Since it is a Genuine Suzuki part I call the Suzuki office in California, told them I believe the part is defective and want to return it. The customer service rep told me that Suzuki has a 90 retrun policy but if the dealer does not take back the part I could be stuck with it. I could not believe what I was hearing. A brand new Genuine Suzuki part fails while riding and I could be stuck with it?! I told him that I think there could be a product liability court case on his hands. Any suggestions?
 
Ghost Rider said:
I purchased a 3 inches taller than stock windshield for my Vstrom. Local Suzuki dealer told me to look it over as it was mine once I left the store. Mounted it, and on the first test ride it fluttered something fierce. Went back checked that everything was mounted properly, which it was, and went for a second ride. As I approached 60 mph the windshield started to flutter, just shy of 70 mph the windshield folded back. I was riding with the faceshield open and the protective molding for the edge came back and whipped me in the face.

Since it is a Genuine Suzuki part I call the Suzuki office in California, told them I believe the part is defective and want to return it. The customer service rep told me that Suzuki has a 90 retrun policy but if the dealer does not take back the part I could be stuck with it. I could not believe what I was hearing. A brand new Genuine Suzuki part fails while riding and I could be stuck with it?! I told him that I think there could be a product liability court case on his hands. Any suggestions?
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You could take them to small claims court. What did it cost you?


Lee
 
Take it back to the dealer and if he still refuses to accept the return mention the Texas Deceptive Trade Practices Act along with the implied warranty of mercantability which says that a product is warranted to be fit for its normal use.

A product sold "as is" can wave this implied warranty but the "as is" better have been on the shield or your receipt when you picked it up.

Copied from a web site and reprinted here "as is" without warranties express or implied -

What if the seller disclaimed any warranties?
In certain circumstances a seller can disclaim a warranty, but the seller must strictly follow guidelines to do so. Either the seller must inform you that you are buying the product "as is," or the seller can have you "waive" your rights under the Texas Deceptive Trade Practices Act.

To "waive" (or forfeit) your rights you must: (1) not be in a significantly disparate bargaining position; and (2) obtain a large, bold-faced notice informing you that you are waiving your rights. Even in these situations, a buyer often has a recourse against the seller. For example, such a waiver usually is ineffective regarding the sale of a home.

-
 
The windshield was $95.00 +tax. You would think for 95 bucks the dealer or Suzuki would want to get the windshield back and not have it show up on the WEB or in court.

I'll bring up the Texas Deceptive Trade Practices Act to the dealer.

I just figure that they took my money with a smile, they should return it with a smile.
 
whoa.
let's slow down a bit.

Have you even talked to the dealership about it yet? If not, I'm sure you're not planning to stomp in there with printouts of legalese asking for a confrontation because that's exactly what you'll get.

From the first post, all that's been done so far is to contact 'Zuki HQ and they instructed to work with the dealership. If the dealership is a good one and strives to stay in the good graces of the community, they will likely do what they can to make the situation right. No one stays in business very long denying and upsetting every customer that has a problem with a purchase.

Just remember the adage: ..catch more flies with honey than vinegar.....
 
Prior to calling Suzuki's HQ in California, I called the local dealer. I did not get a warm fuzzy from the parts dept so I went ahead and called Corporate. Suzuki HQ is where I obtained information regarding Genuine Suzuki parts, such as return or warranty. I still plan to go to the dealership to seek a refund. The sales associate may not have understood that having the windshield fail at highway speeds is generally dangerous.

I am in none to good of a mood about being smacked/whipped in the face by a piece of the windshield. However, I just want a refund and to be on my way. I am not sour on the Suzuki brand, assigning blame, or asking for anything more than a refund of the purchase price; but anything short of a full refund will result in a sincere desire to becoming a royal pain in the backside for Suzuki. I would just need to know how to do it.
 
Could also refute the charge if you used plastic... I hate to burn a bridge by going that route, so hopfully the shop will do the right thing... I'm pretty sure a charge card will back the consumer if a product does not perform as expected and the dealer won't take it back... It's worked for me in the past, but I also knew I would never need to go back to that store either.

Just my 2 cents worth...

E
 
I have had the taller windshield on my wee since I bought it. It is also raised to the taller position. Over 4k miles and at top speed several times and regular riding at 80mph w/no problems. Sounds like yours was defective. rh
 
Do you have the "Madstat Engineering" windshield mounting bracket? If not, you may want to spend about $50 & try it with your current 'shield. I bought one, and it took all the buffeting & wind off my helmet. It allows you to tilt and raise / lower your 'shield by loosening a couple of wingnuts. I hope your discussion with the "stealership" is successful.
 
I met with the dealership over the weekend and expressed my desire for a store credit. The dealership contacted me yesterday and let me know they had contacted Suzuki, but had yet to receive an answer.

It is my understanding Suzuki may want to replace the windscreen rather than give a refund. I can't believe they (suzuki) would not jump at the chance to make the customer happy and not risk negative press over a $95.00 item that failed. Its not like I am claiming to have found a mouse in my burger. I am still angry at getting smacked/whipped in the face by the windshield and don't want another one.
 
Received word that the dealership will send the windshield to Suzuki and then we await word (estimated 2-3 weeks) if the product will be handled as a warranty, return, or if I will be told tough noogies.

My +10 inch over stock Cee Bailey windshield arrived today. Not perfect, but pretty darn good. The effectiveness of the screen depends on how far forward or back the riders sits in the saddle. Amazingly effective up to 60 mph. 70 mph, not so good. Lots of buffeting, so I have tomove around to find a pocket of still air. Did not like the riding position at 70 mph, so I wicked it up to 80 mph and beyond. WOW. It worked great, felt similar to 60 mph.

I think a madstadt mounting bracket could really dial it in.
 
I have to ask, who installed the windshield? Were the clips in place? If they were not, all of the problems you had could have flaired up. As I said in my original post, all is still well w/mine @ high speeds. rh:rider:
 
I installed all of the hardware myself. As a former service writer for Suzuki I read all of the instructions before making any changes. All hardware was re-installed. That does not mean I would not make changes that are different from the manufactures specs, but I like knowing what the manufacturer recommends.

In this case I wanted an intermediate windshield that would give decent protection as the morning temps became cooler but the afternoons are still warm. Unfortunately, the Suzuki Genuine Parts +3 inch windshield left a lot to be desired. Even if the windshield had not folded back, the shape and optics of the windshield seemed sub-par. I may have just received an irregular product, but at this point I am not interested in another +3 windshield from Suzuki.
 
I was a service writer in Colorado. The Windshield was purchased locally at the dealership in Killeen. The parts manager is probably working within their limits, as they would have to call Suzuki's corporate office in California for guidence. Suzuki would then determine whether to refund or warranty the purchase. When I purchased the windshield I was told that once I took possesion of it "it was mine", and implied it could not be returned. That statement runs counter to Suzuki's 90 day return policy, so I called the corporate office and was given an answer that was less then what I expected, based on expereinces of handling previous warranties in the capacity of a service writer.

We'll see what happens. I just want a store credit for my purchase, as I will have the bike serviced next month. However, if I am told that I am stuck with the faulty windshield (which seems unlikely), then I will do everything I can to make life difficult for the corporate office.
 
Received word yesterday that I have been given a store credit for the full amount of the windshield. While I would have liked the to have the issue resolved within the fist week, I understand and am familiar with the limitations placed upon the parts dept of the dealership. Suzuki corporate gave the approval for the return so I am satisfied. The personnel at the dealership have been very nice, nice enough that we bought a '06 GSX-R 750 yesterday as well.
 
Ghost Rider said:
nice enough that we bought a '06 GSX-R 750 yesterday as well.
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....really....well, we're just gonna have to break that puppy in properly. :rider:
 
Good to see happy resolutions. Some mentioned the Deceptive Trade Practices law in TX. Unless it has been changed, this law is a powerful tool in the hands of a consumer. It allows the victim of deceptive trade practices to collect THREE TIMES the amount of the injury. If you are duped into buying a $100 item, under the DTP law, you are entitled to collect $300 in restitution. Often, vendors are aware of this law and while they may try to put a "threaded fastener" into you, if you face them with the possibility they could be liable for 3X the transaction amount, most will probably get very nice and accomodating in a hurry.

JR
STOC 394
03ST1300ABS
Lake Livingston
 
Ghost Rider said:
Zimm,

We'll bring it to the Pie Run:trust:
Click to expand...

In Medina this weekend? Or are you talking of another Pie Run a bit closer in the future?
 
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