BTW, Don, as I found out then, sometimes the dealership is the problem and sometimes the problem is NA and NA fixes it. With my F800S, the problem was NA, it gave the dealer no guidance on what to do, after shut-off and lock rear wheel #3 or #4. But when 30 days were up, NA found out from me, they owed me. Then settlement proceded at a better pace.
I suspect here, SLC was the problem, not NA. LOL.
Sent to BMW North America 2/15/12:
Dear BMW NA,
Please give me a Delivery Status Update on my BMW K1600GT. Does BMW SLC have the coolant expansion tank and have they installed it?
Do you have the shipper set up to return my bike to Arizona and does he have a pickup date from BMW SLC and a date it will be in Chandler?
AAA Claims Supervisor Nathan Wright called me Friday and said BMW SLC is 100% paid in full. At least ship my OEM mufflers home to me!
BMW NA, we're now fully in the fifth month of my not having my BMW K1600GT. I'm so exasperated with the BMW Corporation it's not funny!
1061 N. Amber St.
Chandler, AZ 85225
That's all come to an end, if anyone asks me about my K1600GT (if and when it ever returns to me!) I'll suggest they consider a Kawi, Yamaha or Honda.
I will not give up this fine K1600 GT Club, AZ Beemers, BMW MOA or BMWRA.
The wonderful friends I've met, such as You, through BMW Ownership are priceless to me. Really, you're the greatest friends a man can ever have.
But I've fully given up on the BMW Marque and I can no longer endorse BMW.
Nom de Plume:
Steve Aikens, Clovis, NM
BMW MOA #6218
Arizona Revised Statutes 44-1263 states:
A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The manufacturer shall make refunds to the consumer and lien holder, if any, as their interests appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
Arizona Revised Statutes 44-1264 states:
A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either:
1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist.
2. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier.
Long story short: After 30 days - BMW was legally required to buy my K1600GT back from me!
44-1263. Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund
A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The manufacturer shall make refunds to the consumer and lienholder, if any, as their interests appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
B. It is an affirmative defense to any claim under this article that either:
1. An alleged nonconformity does not substantially impair the use and market value of the motor vehicle.
2. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.
The way I read it, that applies to warranty repairs, not your situation.
Regardless, BMW should have taken care of your issue already. Even if they are having an issue getting the part from the vendor, you can't tell me they don't have a K1600 in inventory anywhere and that one couldn't have been an expansion tank donor to get your bike back on the road.
I don't know how specific they were about a mid-febuary delivery of the bike, but considering today is the fifteenth, they could still hit that target if you give them a + 1 week window. That is assuming the tank has been delivered.
Hope your luck changes on this mess.
The last thing on Earth that I want is a fight with BMW, especially not in a legal sense.
BMW motorcycles have been a complete part of my life - for the last 43 years out of 63!
Often on Wednesday's we Old Retired Guys in AZ Beemers will get together for a lunch.
As I threw my leg over my Yamaha FJR 1300 I could not escape thinking that I should be riding my BMW K1600GT to a BMW Club Meeting, not a Yamaha. And naturally, the topic of conversation at lunch was a running joke as to when my K16 will return home.
Since I had a massive heart attack in 2005, 3 blockages in my arteries, half of the AZB Old Geezers are betting that I'll actually croak before my BMW K1600GT returns to me.
Sounds like a supply problem not a quality problem.
New model does take time to fill spares bin
BMW should be more helpful
Dealer has his money no incentive
Know guys who have waited a lot longer for auto parts exotic cars
NEVER PAY TILL JOB DONE
Like in one of the other threads where a guy is having a rough go of life in general....."life sucks and then you die". Things could be worse so look on the brighter side it can only get better.
Hang in there, you appear to have your "life" priorities in the right order.
Don - At this point, I would urge you to contact an attorney [again]. I never thought I've say that - not exactly being a fan of attorneys and always having been able to work out issues with BMW. However, this is an outrageous delay in getting the part for your bike.
BMW is building and sending K16's as I type. It is not an unreasonable DEMAND they stop one of those machines from being built while they have one already sold that's out of service for a part, to get that already sold - damn expensive machine - back on the road.
Seriously, I would have been on the phone looking for counsel a month ago if I were in the same situation.
It's nice that everyone wants to try to help and that some are offering legal advise [or maybe just legal information] but you need the real thing, face to face at this point.
Nom de Plume:
Steve Aikens, Clovis, NM
BMW MOA #6218
The BMW Motorrad AG Computer in Germany shows the availability of my missing K1600 radiator expansion coolant tank as being October 15 of 2012.
So, if BMW NA had not pulled that tank off it's demo; I'd have waited a year to get the part necessary to get my K1600 back on to Arizona roads.
And it gets worse than this: The left muffler was damaged in the deer strike while running over that 250 lb. muley. As Dean said, all parts were ordered in October of 2011. The BMW Motorrad AG Computer in Germany shows that left muffler as being available in January of 2013: 16 months!
So my K1600GT is coming home to Arizona, hopefully, with Remus mufflers.
Mr. Hans Blesse is now the new Vice President of BMW Motorrad - United States of America. I'm preparing a letter to him that'll rock his socks off!!!