ElectricMotorcycleForum.com
Makes And Models => Zero Motorcycles Forum | 2013+ => Topic started by: Moto7575 on December 21, 2018, 01:50:26 PM
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It is a common trick for makers to let customer think that after the commercial warranty (5 years for Zero), you are basically responsible for your problems. Of course, this is totally false : you are entitled for a compensation if the motorbike has problems related to its quality and not to to user's behavior, and does not reach what you can reasonably expect and/or what it suggested by the company's communication. But abusive makers often try to reduce their cost by fooling customers. Even if it is quite easy few customers will choose to sue, and when they do so, unless it is a class action they will sue the dealer, no Zero (of course dealers can sue Zero once they lose against customers). Unfortunately this is what Zero has been doing this, and it probably explains the reasons second hand market is so small.
But here is the good news : the company issued a recall in 2018 for 2012, implicitly recognizing that, of course, they are responsible over 5 years if case a critical part (here the battery, but other expensive parts would go the same way, especially if the problem involves potential harm to the customer). https://ultimatemotorcycling.com/2018/04/12/2012-zero-motorcycles-recall-218-models-recalled-for-potential-short-fire/
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I don't believe I've seen a 2012 S before, but I really like the wheels on the one shown in the link.
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Dude, that is NOT how these things work.
Recalls occur when a vehicle manufacturer or NHTSA or the local regulatory body notices an issue in a sufficient population of vehicles that is a potential safety risk.
Here's a few examples:
1. All 2012 S/DS batteries are shown to have a manufacturing defect in which cell dividers can degrade and cause a fire? Recall. Regardless of the warranty.
2. A motor fails after 10000 miles and a year out of warranty? Not a recall, just terrible luck. Even if it can fail in an unsafe way, or if it's a "critical component". No court has ever said that a single part failure in a vehicle is required to be covered outside of the legally mandated warranty, unless Zero claims that it lasts that long.
3. A motor position sensor in a large portion of motors are failing outside warranty, causing uncontrolled acceleration? Recall.
This being said, you(or a group of people as a class) could try to sue Zero for false claims or faulty products. The EU has a website about this: https://europa.eu/youreurope/business/dealing-with-customers/consumer-contracts-guarantees/consumer-guarantees/index_en.htm
You could sue Zero if you crash your motorcycle and hurt yourself due to a manufacturing defect or faulty design. Then you have to prove there is a defect, and it wasn't just you driving like a maniac.
It's definitely an uphill battle, and lawyers are expensive. You could sue if you prove it was defective. Bonus points if the company can be shown to disregard safety concerns. See Grimshaw v Ford Motor Company.
It's not a "common trick", and I really doubt Zero dealerships are dealing with any lawsuits. Lawsuits are public record, and a quick search of PACER turns up nothing with dealerships involved. It's also doesn't really save money to fight owners in court vs fix the issue, especially at Zero's size and production volumes.
The Zero warranty is 2 years for everything and 5 years for batteries, not a blanket 5.
I'm sorry your motor failed prematurely, but most of what you posted is incorrect.
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I don't believe I've seen a 2012 S before, but I really like the wheels on the one shown in the link.
Here is a picture of mine - before it got recalled. ;)
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Hi !
I think my post was not clear enough. I'm not confusing security recalls with customers' individual rights. My point was that this recall, in which Zero accepts to solve a defect after the commercial warranty period, is something users can leverage when dealers or Zero try to trick them into believing that their rights stops with commercial warranty. Which can be really frustrating (when you know you right) or intimidating (when you don't).
As for lawsuit publicity, they are only public above a certain level (at least in Europe) which is not reached in the case of a used Zero. Unless of course there is a large physical or human damage (see here : https://chicago.suntimes.com/news/stuntwoman-sues-for-injuries-suffered-during-marvel-universe-live-show/) , or if there is a class action. Some are still pending, and in some other cases Zero finally accepted to solve the problem.
Dude, that is NOT how these things work.
Recalls occur when a vehicle manufacturer or NHTSA or the local regulatory body notices an issue in a sufficient population of vehicles that is a potential safety risk.
Here's a few examples:
1. All 2012 S/DS batteries are shown to have a manufacturing defect in which cell dividers can degrade and cause a fire? Recall. Regardless of the warranty.
2. A motor fails after 10000 miles and a year out of warranty? Not a recall, just terrible luck. Even if it can fail in an unsafe way, or if it's a "critical component". No court has ever said that a single part failure in a vehicle is required to be covered outside of the legally mandated warranty, unless Zero claims that it lasts that long.
3. A motor position sensor in a large portion of motors are failing outside warranty, causing uncontrolled acceleration? Recall.
This being said, you(or a group of people as a class) could try to sue Zero for false claims or faulty products. The EU has a website about this: https://europa.eu/youreurope/business/dealing-with-customers/consumer-contracts-guarantees/consumer-guarantees/index_en.htm
You could sue Zero if you crash your motorcycle and hurt yourself due to a manufacturing defect or faulty design. Then you have to prove there is a defect, and it wasn't just you driving like a maniac.
It's definitely an uphill battle, and lawyers are expensive. You could sue if you prove it was defective. Bonus points if the company can be shown to disregard safety concerns. See Grimshaw v Ford Motor Company.
It's not a "common trick", and I really doubt Zero dealerships are dealing with any lawsuits. Lawsuits are public record, and a quick search of PACER turns up nothing with dealerships involved. It's also doesn't really save money to fight owners in court vs fix the issue, especially at Zero's size and production volumes.
The Zero warranty is 2 years for everything and 5 years for batteries, not a blanket 5.
I'm sorry your motor failed prematurely, but most of what you posted is incorrect.