Question about a warranty issue

[L Bo]

I bought my 07 Super 9 back on 7/31/07 new, put 9700KM on it before I had an issue. I have heavily modded the CVT, only engine mods were a performance pipe and drilled the main jet a size bigger to accomodate it. This pipe and jet mod was done around 1500KM. I have used BelRay Si7 2 stroke oil consistently, it has never drank any other oil. The CDI or rev limiter was never altered.

I was riding at WOT (like I always do) when it stopped. I knew the piston was seized. Took it to the shop, they found a piece of metal had got into the combustion chamber and nicked the piston head, top of the piston, as well the side skirt but couldn't figure out where it came from. They installed a new piston and jug not knowing if it would be covered under warranty because of the exhaust pipe mod. After installing it they noticed it still didn't sound and feel right so they split the case open.

They found a main bearing next to the crank had failed. The piece of metal was a part of the bearing cage that holds the ball bearings in place. As a result pieces of this bearing worked it's way up the transfer ports, damaged the gears for the oil pump as well the piston. The dealer ordered and installed; a new piston, new jug, new head, new crank, new main bearings, and a new crank....... basically a new engine top and bottom.  Over $500 in parts alone and 8+ hours of labor.

Kymco wants pre-authorization for any engine work greater then $250. Because the dealer had already invested in installing a new piston and jug splitting the case open took the repair over $250. They feel that Kymco will cover it and commented no mod would cause the failure I experienced. Kymco is dragging their feet though, they don't open until the 5th of January and the Dealers bill for the parts will be due before Kymco decides.

As a result I gave him $300 towards the repair to get my scooter back and out of his shop. If Kymco denies the claim then I will have to pay the balance (he will charge me cost on parts, help with labor rates) If Kymco approves the claim then I get back $200. Either way I am out $100, why? Is there a deductable for engine repairs under warranty? I was going to ask the dealer but he is gone for a while.

Do you think Kymco will honor this? If not then why not? What is the $100 for, anyone hear of this?

Thanks in advanced and happy new year!

[Areomyst]

I've put some Super 9s though hell and back, trust me.  9700KM is very low millage to be experiencing a main bearing failure. Did the dealer take detailed photos of the damage? Kymco will probably want that.  When it comes down to it though, they can technically deny the warranty claim because of the after market exhaust... but I suppose that depends on whether or not they know about it eh? 

Which side bearing failed?  Did they replace both of them along with the seals?  The dealer is going to have to give a reason for the failure of the part, and if it was just "premature part failure" then you will probably get your money back.

As far as the $100, the dealer is probably trying to make up for some of the lost time or something... Kymco doesn't cover things like shop supplies, oil gas grease and all that, but there's not $100 worth invested into a crank job.  Depending on how adept the dealer is, they may have more hours into the scooter than they're charging for anyway.  Best thing to do is straight up ask the dealer.

~Josh

[L Bo]

Thanks, I'll ask about the $100. I was going to slip them a c-note, maybe a $50 for their troubles but this sounds like a forced gratuity.

In terms of taking pics, the dealer has all the old parts and said Kymco will want them if they honor the claim. Not sure which side it was but I think it was the variator side. They replaced both main bearings... not sure about the seals but I am sure they did it right. They weren't real keen on spliting the case if they didn't have too though, glad they did and now we know where the metal came from that wrecked the piston. I haven't seen anything in writing in terms of what was done, I have only seen the old parts that were replaced. The bearing looked like a mini grenade exploded ripping out a small section of the cage, the ball bearings don't have the uniform spacing anymore either and I might have lost one in addition to part of the cage that holds them in place.

[OldGuy]

The applicable law, if you're in the US is The Magnuson-Moss Warranty Act (P.L. 93-637). A United States federal law (15 U.S.C. § 2301 et seq.). Enacted in 1975 it requires, among other things requires the manufacturer to provide proof that the modification contributed to the failure.

Unfortunately, in your case Kymco may be able to argue successfully that the pipe and jet modification caused the engine to produce more power than they intended thus contributing to the failure.