Posted by NCWayne on December 25, 2009 at 13:09:56 from (173.188.168.35):
In Reply to: New Purchase posted by Bill Koch on December 25, 2009 at 04:59:41:
As a mechanic I"ve got to put my two cents worth in here. I think what you did was absolutely right, and as long as the machine is setting there with no fuel they can"t claim you used it in order to reduce their liablilty. If you haven"t done it already I"d make sure I"ve got a log of every time I called them along with the name of the person I talked to and the topic of the conversation. With that said any new piece of equipment that does not come with a manual potentially makes the dealer liable for any injuries incurred when someone tries to operate it. A trade mag I get has a safety column written by one of those guys that terstifies as an expert witness and you"d be suprised at the kinds of things that OEM"s/dealers get sued for and lose when it comes to safety. I"ve read where it was something as simple as the person operating it didn"t read a warning label not placed in a highly visible spot and then did something completely stupid got hurt. Guess what, the stupid operator won....... On top of that the newer machines have so many bells ans whistles that it takes a manual to figure out what used to be the simple stuff since nothing is labled nowdays and instead is identified with all of those "universal" symbols that mean nothing unless you know what they mean. Did you do the right thing YES, but I would have included a call telling them to come on out and pick up the machine as this level of disservice is apt to continue long after the sell......I had a call the other day from a customer that had bought a new machine (CAT) back on "07. He said when the warranty period was in effect that they kissed his a$$ when it came to repairs. The minute the warranty ran out they changed tacktics and simply bent him over the machine every time they came out. I checked on the service manual alone for the machine...it was over $1100, yes one thousand, one hundered dollars and change......for a manual......... Get your manuals for your new machine or tell them to pick up their machine and tell them you want your trade in back to as the deal is off....... Just my .02
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