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[Smuuth]

I just phoned and they know it :
 If there is a R1 or R2 into the whell than it has to be changed , but no wheels yet available , means no bike when the check is " R1 or R2 ".
Then the fight will begin to get a bike to make the tour , and they do not want to give you a bike for free ( but you have the right to get one within the first year of warranty ) .
 Let`s wait and see .
 The other problem ,the dealer has no time to check the wheel - fuxxx off

I don't think so.  The following is quoted from the warranty:  "HARLEY-DAVIDSON AND ITS DEALERS SHALL NOT BE LIABLE FOR LOSS OF USE, INCONVENIENCE, LOST TIME, COMMERCIAL LOSS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES."

Maybe you have different warranty terms in Germany?

[Highjagger]

I am a lucky guy again :
As you told me : I fired up at the dealer and he phone-called me at 2pm to come immediately .
 I did .
They checked the rear-rim and there was no R1 or R2 written inside , another couple of numbers but no R .
I carried with me a new tire that i received yesterday from my local tire-shop ( because HD-germany is not able to get one and i asked them whether i could bring one , they said : of course they will mount it ) and i wanted to get it mounted after the 3k trip .
They put the new tire on instead of the old one for free ( it was cupped and was singing anyway ) and put all together again and now i have my scooter back , i am very lucky as you can imagine that i am able to join my ride next week .  
So i am number 2 ( with Rick ) , have been on the recall-list but all ok .  

I wish you all good luck for this too

[kraut]

 

@smuuth:

yes indeed there is compulsive consumer law in the EC-Countries that goes far beyond H-D warranty terms 

[Highjagger]

That`s one of the reasons , why we have to pay much more money for things here . I guess .

[aclass]

I've been spectating on this thread since it's inception.  My SERG made the list but I havent received anything official.  I hope everything is okay b/c I'm planning to ride it as if I hadnt heard about it yet.  But it will definitely be in the back of my mind.

[Twolanerider]

I've been spectating on this thread since it's inception.  My SERG made the list but I havent received anything official.  I hope everything is okay b/c I'm planning to ride it as if I hadnt heard about it yet.  But it will definitely be in the back of my mind.

Just a thought to consider for everyone who announces their knowledge of the potential problem and their intention to ride anyway.  If you have an accident you just willingly and publicly accepted some real part of the liability for any potential injuries or property damage that might be suffered. 

It is accepted as common knowledge that HD regularly monitors the site.  If one accepts that then it would have to be assumed that if you ever found yourself in litigation with the MOCo that your words here would be presented.  Sometimes what you don't say is what protects you most.

[kraut]

perfect observation 

[Highjagger]

The german Headquarter in Mörfelden mentioned that they do wait with informing the SERG owners till the rims are produced and available otherwise there would be panic and that would not solve the problem .

[RYANCVO]

The german Headquarter in Mörfelden mentioned that they do wait with informing the SERG owners till the rims are produced and available otherwise there would be panic and that would not solve the problem .

thats what my dealer is telling me. said he cant tell me that im safe to ride or not.

[Smuuth]

Just a thought to consider for everyone who announces their knowledge of the potential problem and their intention to ride anyway.  If you have an accident you just willingly and publicly accepted some real part of the liability for any potential injuries or property damage that might be suffered. 

It is accepted as common knowledge that HD regularly monitors the site.  If one accepts that then it would have to be assumed that if you ever found yourself in litigation with the MOCo that your words here would be presented.  Sometimes what you don't say is what protects you most.

What about if you have contacted your dealer and they won't schedule even an inspection until they get the "Recall Kits" from the MoCo?  Who would be liable then?

[kraut]

you 

You positively know your bike may be unsafe to ride. If you do ride her nevertheless, you do so on your own risk.

No judge will have mercy 

[sadunbar]

Just a thought to consider for everyone who announces their knowledge of the potential problem and their intention to ride anyway.  If you have an accident you just willingly and publicly accepted some real part of the liability for any potential injuries or property damage that might be suffered. 

It is accepted as common knowledge that HD regularly monitors the site.  If one accepts that then it would have to be assumed that if you ever found yourself in litigation with the MOCo that your words here would be presented.  Sometimes what you don't say is what protects you most.

Hmmm... I think that is a leap, Don...  The MOCO has not said the bike is unsafe to ride until inspected - or commented at all what the failure mode of the cracking may be.  If the MOCO publicly stated the bikes are unsafe to ride until inspected - and could prove someone had knowledge of the statement - and then chose to ride anyway - then you have a good and valid point.  But, until they say that, they would have a hard time proving someone knowingly rode in an unsafe condition...   And if the MOCO knows the bikes are unsafe to ride until inspected - and did not notify the owners of the bikes individually and promptly - and there was a resulting accident - it would be an entirely different trial that would take place... 

[Twolanerider]

What about if you have contacted your dealer and they won't schedule even an inspection until they get the "Recall Kits" from the MoCo?  Who would be liable then?

If you called the dealer you have proved to have knowledge of the potential problem.  How much you understood it would be a question for percentages of shared liability later.  But just by making the phone call you've bitten part of the apple if the dealer can document your effort.

Just a wild guess here.  But I'd not be surprised if there are instructions to dealers telling them to attempt to not release a bike in dealer custody with this type of potential failure or requiring signature of some very specific waiver or other hold-harmless.  This thread protects potential victims about as much as the "what do you carry" thread maintains the surprise of the guys that carry concealed.

[Twolanerider]

Hmmm... I think that is a leap, Don...  The MOCO has not said the bike is unsafe to ride until inspected - or commented at all what the failure mode of the cracking may be.  If the MOCO publicly stated the bikes are unsafe to ride until inspected - and could prove someone had knowledge of the statement - and then chose to ride anyway - then you have a good and valid point.  But, until they say that, they would have a hard time proving someone knowingly rode in an unsafe condition...   And if the MOCO knows the bikes are unsafe to ride until inspected - and did not notify the owners of the bikes individually and promptly - and there was a resulting accident - it would be an entirely different trial that would take place...  

It's just one of those what-ifs Scott.  

If a wheel broke and you wrecked....

If you sued the MoCo for liability.....

Would counsel for defense argue share liability based on the fact that you knew of a potential dangerous failure and chose, of your own volition, to continue riding the machine anyway?  

Sure they would.  And I'll bet you dollars to donuts they'd get a good bite of a shared liability ruling as a result.  

[sadunbar]

It's just one of those what-ifs Scott.  

If a wheel broke and you wrecked....

If you sued the MoCo for liability.....

Would counsel for defense argue share liability based on the fact that you knew of a potential dangerous failure and chose, of your own volition, to continue riding the machine anyway?  

Sure they would.  And I'll bet you dollars to donuts they'd get a good bite of a shared liability ruling as a result.  

Cause I read it on the internet...it must be true!!!  It would be interesting if nothing else...