Ducati
From Noah.org
I have a 2006 Ducati MTS1000s DS.
Contents |
Lemon Law
The story so far is that I got the bike back from the dealer. They hadn't called me when they said they would. I rode over to tell them that I had had enough and that they needed to fix the bike on their own time. When I walked in one of the mechanics was on the phone leaving me a voice message to say that they had finally found the root cause of the problem. I wire had worn through the insulation and hard shorted out.
The next day I took it on a long test drive. It ran great. I was almost in love again. But not quite. I'm still a little bitter about all this.
I'm not sure what I will do in the future. It seems to me that Ducati is big enough that they should support their dealers with loaner bikes during protracted service problems. So while I may be happy with the mechanics of the bike now I'm not sure how confident I am in dealer support. I was constantly being reminded that BMW offers loaners when one of their bikes is in for service. Before I got the Multistrada I actually considered a BMW R1150GS -- it competes directly in terms of purpose, price, and performance. I went with Ducati mostly because I liked the lighter feel of the bike. But it's a close call. People stay loyal to a brand for a lot of reasons. Knowing that I can count on BMW not to leave me high and dry for two months counts for a lot. There is a special bitter feeling one gets as you write a payment for a bike that's been in the shop for the better part of two months. Having a loaner program might go far in keeping customers happy and not researching their lemon law options.
no response
It's been another week and the Ducati Customer Service rep has not responded to my complaints. Is it too much to ask for a response?
--Root 19:33, 15 March 2008 (PDT)
The Lemon Ducati
I've been having electrical issues with my beloved Multistrada. For the moment there has been no resolution. I've been without my bike for nearly two months. I've babied this bike and kept it clean and well maintained. I just started to really get into the bike. This bike represents a significant investment for me as I have no car. I figured I could either own a mediocre car or a really nice bike. I went for the bike. To date, I've been really happy with Ducati. People make fun of Italian reliability, but I have not had any other problems that really worried me. And, of course, looks are important too ;-) The finish of Ducati bikes are far better than any of the Japanese bikes I considered. Of course, you get what you pay for... one would hope and I hope I'm a fluke. I want to stay loyal to Ducati. They are beautiful bikes and mine runs well when it runs. When investigating Lemon Law issues on bikes I found that Japanese bike dealers were just as reluctant to settle Lemon Law issues. So I hate to frighten anyone else away from Ducati. If my case goes well, then I'd get another Ducati. We'll see if I change my tune.
I purchased a new 2006 Ducati MTS1000S on 8-30-2006. The bike currently has less than 9000 miles on it. The bike has been in a out of the shop since January 2008. It's been in the shop of the last three weeks with no end in sight. The issue is safety related (engine shuts down at speed). The bike comes with a 1 year factory warranty and I purchased an extended 2 year dealer warranty at the time of initial sale. The total purchase price was $14995.42.
The bike keeps burning out one of the ignition coils. At first we thought it was a bad coil. The coil was replaced. It burned out on the way home. The shop figures that perhaps against all odds, the new coil was bad. Another coil is installed. The dealer does a test drive of over 20 miles over two days. I go to start the bike and the coil burns out there parked in front of the dealer. The dealer takes the bike back. So far they don't know what could be wrong. They have not found anything defective except for the coil. As a guess, they hope that replacing the entire wiring harness (all the electrics) might fix the problem, but they need to get approval from Ducati to do this. At this point I'm not sure that throwing more parts at the bike is the best way to solve the problem.
What do I want out of this?
Maybe I should just try to get my money back. Haven't decided yet what to do... If they just throw parts at it again and it seems to work then I will not be happy. This is what they did to begin with. They didn't actually figure out what was wrong and it kept breaking. How will I know this won't happen again when I'm 300 miles from home? But if they can fix AND they figure out the root cause of the problem (not just throw parts at it) then I'm still ambivalent because this doesn't compensate me for all the time and trouble I've spent on this. If they can fix it and say "Here's some $$$ to say 'We're so sorry for your time and trouble'" then I might be a happy Ducati owner again. I just don't know if I can simply take the bike back without any reparations. I mean, it just doesn't seem right. I'm a nice guy, but that would make me feel like a sucker. I have not been able to use the bike since Jan 1st, 2008, but I still have to make payments -- not to mention the fact that I've had two vacations ruined because of this -- I've spent my PTO vacation days on this.
Email sent to customerservice@ducatiusa.com on 2008-02-27
From: Noah Spurrier <noah@noah.org> To: customerservice@ducatiusa.com Subject: Issue with my 2006 MTS1000s DS Hello, I've had my bike at my dealer for over three weeks. Can I get someone from Ducati Customer Service to help me speed along this process? My dealer is
I purchased a new 2006 Ducati MTS1000S on 8-30-2006. The bike currently has less than 9000 miles on it. The bike has been in a out of the shop since January 2008. It's been in the shop of the last three weeks with no end in sight. The issue is safety related (engine shuts down at speed). The bike comes with a 1 year factory warranty and I purchased an extended 2 year dealer warranty at the time of initial sale. The total purchase price was $14995.42. The bike keeps burning-out ignition coils. The first time this happened on Jan 1, 2008 the dealer thought it was just a bad coil. The coil was replaced. That new coil burned out on the way home. The dealer figured that perhaps, against all odds, the new coil was also bad. Another coil was installed. The dealer does a test drive of over 20 miles. I went to start the bike and the coil burns out there parked in front of the dealer. The dealer takes the bike back. So far they don't know what could be wrong. They have not found anything defective except for the coil. As a guess, they hope that replacing the entire wiring harness (all the electrics) might fix the problem, but they need to get approval from Ducati to do this. At this point I'm not sure that throwing more parts at the bike is the best way to solve the problem, but I don't know what else to do. The bike looks brand new. I've babied it and done all the proper maintenance. It has less than 9000 miles on it. This is my first Ducati. My girlfriend also owns a Ducati Monster 695 and I encouraged my boss to get a Ducati Monster S2R. This situation is not impressing them nor any of my other motorcycle friends who own bikes other than Ducati. I hope something can be done to restore my faith. This bike represents a significant investment for me as I have no car. I figured I could either own a mediocre car or a really nice bike. I went for a Ducati. As a daily driver I have a 2006 Suzuki DR650 that I beat around the city on. -- Noah Spurrier | email: noah@noah.org | http://www.noah.org/wiki/engineering -------------------------------------------------------------------------------
Qualification
Some have asked if I still qualify under the Lemon Law protection statue. The statute specifies 18 months or 18000 miles. My bike has 8384 miles. Actually the statute offers protection beyond 18 months for safety related issues, which covers my issue.
Purchase date from and including: Wednesday, August 30, 2006 Date of my receipt for the first ignition coil, to and including: Tuesday, February 5, 2008 It is 525 days from the start date to the end date, end date included Or 1 year, 5 months, 7 days including the end date
Someone successful with Lemon Law
Here is a story of someone who successfully settled a Lemon Law case:
http://bayarearidersforum.com/forums/showthread.php?s=&threadid=67863&highlight=999
Lemon Lawyer in San Francisco
Here is a Lemon Law legal firm in San Francisco: http://www.kabolaw.com/index.html I plan on calling them Friday if I don't hear from Ducati before Feb 29, 2008. -- Note that I called the lawyer and he says I have a case, but that I should try to work it out myself before I get a lawyer involved. I didn't expect that response from a lawyer!
Recommended by my corporate attorney, but I've had a hard time contacting him. I think he may no longer be practicing. http://www.consumerwarrior.com/About-Steven-Solomon.html
LAW OFFICE OF STEVEN SOLOMON 319 West Portal Avenue San Francisco, CA 94127 Tel: (415) 682-2454 Fax: (415) 664-5161 Info@ConsumerWarrior.com
Other Lawyer Contacts
http://www.californialemonlawlawyers.com/
ELIZABETH D. AGMON ESQUIRE 19318 Ventura Boulevard Suite 210 Tarzana, CA 91356 Telephone: (818) 344-7022 Toll Free: (866) 536-6646 Web Site: http://www.lemoncarlawyer.com
TERRY L. BAKER, ESQUIRE 19925 Stevens Creek Cupertino, CA 85014 Telephone: (408) 446-4168 Toll-free: (866) 99-LEMON Web Site: http://www.lemon-buy-back.com
SUSAN J. BATES ESQUIRE 333 W. Santa Clara Street, Suite 612 San Jose, CA 95113 Telephone (408) 286-9700 FAX: (408) 286-9403
ROBERT BRENNAN ESQUIRE 3150 Montrose Avenue La Crescenta CA 91214 Telephone: (818) 249-Law1(5291) Toll Free: (888) 453-6665 FAX: (818) 249-4Fax (4329) Web Site: http://www.brennanlaw.com
LAW OFFICES OF DELSACK & ASSOCIATES, P.C. 1801 Century Park East, Suite 2400 Los Angeles, CA 90067 Toll Free: (888) EX LEMON (888-395-3666) TOLL FREE FAX: (888) 270-0079 Web Sites: http://www.delsack.com http://www.lemonlawspecialists.com http://www.exlemon.com
LAW OFFICES DELSACK & ASSOCIATES, P.C. OTHER LOCATIONS: 537 Newport Center Drive, #383 Newport Beach, CA 92660 Toll Free: (888) EX LEMON (888-395-3666) TOLL FREE FAX: (888) 270-0079 1701 Franklin Street San Francisco, CA 94109 Telephone: (415) 285-LEMON (415-285-5366) LOS ANGELES and vicinity: (310) 475-1700 ORANGE CO. and vicinity: (949) 856-4333 SAN DIEGO and vicinity: (619) 229-6900
LAW OFFICES OF ALAN R. GOLDEN 16830 Ventura Blvd, Suite 347 Encino, CA 91436-9147 Telephone: (818) 784-1224 FAX: (818) 784-1225 Web Site: http://www.alangolden.com
KEMNITZER, ANDERSON, BARRON & OGILVIE LLP 445 Bush Street, Sixth Floor San Francisco, CA 94108 Telephone: (415) 861-2265 Toll Free: (800) 273-4566 FAX: (415) 861-3151 Web Site: http://www.lemonlaws.com
KEMNITZER, ANDERSON, BARRON & OGILVIE LLP 400 Capital Mall, Suite 900 Sacramento, CA 95814
LAW OFFICES OF SHARON KINSEY 2425 Porter Street, Suite 13 Soquel, CA 95073-2454 Telephone: (831)-465-7565 Toll Free: (877) 73-FRAUD FAX: (831)-465-1006
KROHN & MOSS CONSUMER LAW CENTER 111 West Monroe, Suite 1124 Phoenix, AZ 85003 Telephone: (602) 275-5588 Toll Free: (800) US LEMON (800) 875-3666 FAX: (928) 441-1345 Web Site: http://www.yourlemonlawrights.com/california/index.html
JULIANNA ROBESKY MAKLER MAKLER & BAKER LLP 800 Garden Street, Suite L Santa Barbara, CA 93101 Telephone: (805) 892-4522 FAX: (805) 892-4722 Web Site: http://www.california-lemon-law.net
LAW OFFICES OF WILLIAM R. MCGEE 16855 West Bernardo Drive. Suite 380 San Diego, CA. 92127 Telephone: (800) 647-8127 Web site: http://www.CaliforniaLemonLawAttorneys.com
JAMES R. ROBERTSON MCCOY, TURNAGE & ROBERTSON, APLC 16496 Bernardo Center Drive, Suite 101 San Diego, CA 92128-2519 Telephone: (858) 485-5402 FAX: (858) 485-7810 Web site: http://www.mtrlawfirm.com
LAW OFFICES OF MICHAEL A. SAUNDERS 1901 First Avenue, First Floor San Diego, CA 92101 Telephone: (858) 272-9988 Toll Free: (888) 80-LEMON Web Site: http://www.lemonlawcalifornia.com
LAW OFFICES OF HOWARD D. SILVER 23801 Calabasas Road Suite 1012 Calabasas, CA 91302 Telephone: (818) 597-2610 FAX: (818) 879-0862 Web Sites: http://www.howardsilver.com http://www.california-lemonlaw.com
LAW OFFICES OF STEVEN SOLOMON
2171 Junipero Serra Boulevard Suite 620
Daly City, CA 94014
Telephone: (650) 758-0169
FAX: (650) 758-0171
CA Lemon Law
CALIFORNIA STATE LEMON LAWS:
California Lemon Law California Civil Code Section 1793.2, 1793.22, 1794
1793.2. (a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall:
(1) (A) Maintain in this state sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of those warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of the warranties.
(B) As a means of complying with this paragraph, a manufacturer may enter into warranty service contracts with independent service and repair facilities. The warranty service contracts may provide for a fixed schedule of rates to be charged for warranty service or warranty repair work. However, the rates fixed by those contracts shall be in conformity with the requirements of subdivision (c) of Section 1793.3. The rates established pursuant to subdivision (c) of Section 1793.3, between the manufacturer and the independent service and repair facility, shall not preclude a good faith discount which is reasonably related to reduced credit and general overhead cost factors arising from the manufacturer's payment of warranty charges direct to the independent service and repair facility. The warranty service contracts authorized by this paragraph shall not be executed to cover a period of time in excess of one year, and may be renewed only by a separate, new contract or letter of agreement between the manufacturer and the independent service and repair facility.
(2) In the event of a failure to comply with paragraph (1) of this subdivision, be subject to Section 1793.5.
(3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.
(b) Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days. Delay caused by conditions beyond the control of the manufacturer or his representatives shall serve to extend this 30-day requirement. Where delay arises, conforming goods shall be tendered as soon as possible following termination of the condition giving rise to the delay.
(c) The buyer shall deliver nonconforming goods to the manufacturer's service and repair facility within this state, unless, due to reasons of size and weight, or method of attachment, or method of installation, or nature of the nonconformity, delivery cannot reasonably be accomplished. If the buyer cannot return the nonconforming goods for any of these reasons, he or she shall notify the manufacturer or its nearest service and repair facility within the state. Written notice of nonconformity to the manufacturer or its service and repair facility shall constitute return of the goods for purposes of this section. Upon receipt of that notice of nonconformity, the manufacturer shall, at its option, service or repair the goods at the buyer's residence, or pick up the goods for service and repair, or arrange for transporting the goods to its service and repair facility. All reasonable costs of transporting the goods when a buyer cannot return them for any of the above reasons shall be at the manufacturer's expense. The reasonable costs of transporting nonconforming goods after delivery to the service and repair facility until return of the goods to the buyer shall be at the manufacturer's expense.
(d) (1) Except as provided in paragraph (2), if the manufacturer or its representative in this state does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity.
(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.
(A) In the case of replacement, the manufacturer shall replace the buyer's vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer also shall pay for, or to, the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees which the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.
(B) In the case of restitution, the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.
(C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law.
1793.22
(a)This section shall be known and may be cited as the Tanner Consumer Protection Act.
(b) It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:
(1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
(2) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
(3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner's manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding.
(c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer's rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later.
(d)A qualified third-party dispute resolution process shall be one that does all of the following:
(1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987.
(2) Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision.
(3) Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions.
(4) Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission's regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.
(5)Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2.
(6)Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.
(7)Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys' fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and(b)of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.
(8)Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed toparticipate also. Nothing in this subdivision prohibits any member of anarbitration board from deciding a dispute.
(9)Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code. (e)For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings:
(1)"Nonconformity" means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.
(2)"New motor vehicle" means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. "New motor vehicle" also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state. "New motor vehicle" includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a "demonstrator" or other motor vehicle sold with a manufacturer's new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.
(3)"Motor home" means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy. (f)
(1) Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless thenature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.
(2) Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses. [EFFECTIVE 1/1/2001. Amended September 26, 2000 (Bill Number: SB 1718) (Chapter 679).] [Previously Amended September 21, 1999 (Bill Number: AB 1290) (Chapter 448).] [Previously Amended July 12, 1999 (Bill Number: SB 966) (Chapter 83).]
1794.
(a) Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief.
(b) The measure of the buyer's damages in an action under this section shall include the rights of replacement or reimbursement as set forth in subdivision (d) of Section 1793.2, and the following:
(1) Where the buyer has rightfully rejected or justifiably revoked acceptance of the goods or has exercised any right to cancel the sale, Sections 2711, 2712, and 2713 of the Commercial Code shall apply.
(2) Where the buyer has accepted the goods, Sections 2714 and 2715 of the Commercial Code shall apply, and the measure of damages shall include the cost of repairs necessary to make the goods conform.
(c) If the buyer establishes that the failure to comply was willful, the judgment may include, in addition to the amounts recovered under subdivision (a), a civil penalty which shall not exceed two times the amount of actual damages. This subdivision shall not apply in any class action under Section 382 of the Code of Civil Procedure or under Section 1781, or with respect to a claim based solely on a breach of an implied warranty.
(d) If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.
(e) (1) Except as otherwise provided in this subdivision, if the buyer establishes a violation of paragraph (2) of subdivision (d) of Section 1793.2, the buyer shall recover damages and reasonable attorney's fees and costs, and may recover a civil penalty of up to two times the amount of damages.
(2) If the manufacturer maintains a qualified third-party dispute resolution process which substantially complies with Section 1793.22, the manufacturer shall not be liable for any civil penalty pursuant to this subdivision.
(3) After the occurrence of the events giving rise to the presumption established in subdivision (b) of Section 1793.22, the buyer may serve upon the manufacturer a written notice requesting that the manufacturer comply with paragraph (2) of subdivision (d) of Section 1793.2. If the buyer fails to serve the notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.
(4) If the buyer serves the notice described in paragraph (3) and the manufacturer complies with paragraph (2) of subdivision (d) of Section 1793.2 within 30 days of the service of that notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.
(5) If the buyer recovers a civil penalty under subdivision (c), the buyer may not also recover a civil penalty under this subdivision for the same violation.
Torque Settings
Multistrada Frame Torque Settings This is from the manual of the 2006 MTS1000DS.
Amazon stuff
Ducati Parking Sign Yes, it will make you look like a dork.
exhaust
termignoni collector pipe $454.95 http://www.hattarmoto.com/shop/index.php?main_page=product_info&cPath=14_78_80&products_id=690
Staintune headerset $595 model 428T5bwo http://www.motorsports-network.com/cgi-bin/dbsearch.exe?mdb=/exhaust.mdb,tbl=data1,dbtype=2000,template=/dbcart3/returnex.htm,DB_Category=Ducati Installation info http://www.ducati.ms/forums/showthread.php?t=16195
Arrow model AR-71299MI/457-6045 $300 (need to confirm that these will work with the 2006 MTS1000DS) http://www.ca-cycleworks.com/shop/catalog/ducati/exhaust.html http://www.motorsports-network.com/cgi-bin/dbsearch.exe?mdb=/arrow.mdb,tbl=data1,dbtype=2000,template=/dbcart3/returnar.htm,DB_Brand=DucatiM
rear huggers
None yet... This bike really needs one! Even the stock Ducati 695 comes with one. The underside of the Multistrada gets really dirty without one.
Oil Mesh
To open remove the oil mesh filter plug on a Ducati Multistrada 1000sDS you need a 14mm hex socket. After you remove the plug you also need to unscrew the recessed oil filter, which also takes a 14mm hex.
It got a Facom hex socket because I wanted to be able to put it on my torque wrench to tighten the plug to the factory recommended 44 NM setting. I couldn't have done this with an allen key. None of the local stores had allen sockets over 10mm, so I had to mail order it.
It's moderately annoying that they didn't use the same hex size for the oil drain plug. You're right there! Doing the same job!
Damn Stickers
You know, you don't HAVE to leave all the stickers on your beautiful trellis frame. There is no law from removing all those safety, DOT, EPA, Noise, and unleaded fuel warning stickers. You can also remove those fugly reflectors from your Ohlins forks. They just stick them on there with double-sided sticky tape. They are an afterthought to meet US requirements, which is why they are so ugly.
I went to the hardware store to find something to remove all the stickers from my motorcycle. Most of the stuff sold especially for removing labels was expensive and sold in teeny bottles. Then I remembered that my mother used to use Ronsonol Lighter Fluid to remove stickers from books. This stuff costs about 1/10th what Goo and other label removers cost. Ronsonol won't hurt the finish, carbon fiber, or rubber. I used it on my Multistrada and Monster with no problems. Of course, your results may vary if you have an inferior bike.
Charcoal canister
I took mine off my Multistrada. It's a trivial task. This will not improve performance in any way. It's not even heavy (it's just a plastic box filled with charcoal). This modification is just for looks. It looks REAL BAD with the canister on. Ducati stuck it way out in front and it's HUGE. It's bigger than the charcoal canister in most cars. I'm sure they did this on purpose because they also made it easy to remove. They might as well put a sticker on in that says "to be removed by customer". This canister is another US-only thing they stick on as an after-thought. At least on the Monster they tucked it away and hid it nicely, so I had no reason to remove it from that bike.
Just follow the big hose back until it is split by a T into two small hoses. Plug the small hoses that feed into the fuel-injectors. I closed them with a stainless screw.
I have mixed feelings about this modification. I figure I'm ahead in the karma game just by riding a bike. But BEWARE, there are downsides to doing this. On a hot day, when you put your bike in your garage it will give off some strong gasoline vapors. Once it was so bad that I was sure some fuel had spilled somewhere. My garage air was nicer when the canister was on there.
Carbon Fiber
The carbon fiber came with the bike. If it were up to me I would not have put it on there. It can't possibly make a difference. It does look better on the timing belt covers. The stock gray is a weird color. ... I wax the carbon fiber with carnuba. It looks nice. Maybe it protects it from UV. I see a lot of carbon fiber go bad fron sun-light exposure.