American Legend??

Discussion in 'General Harley Davidson Topic' started by HKSkully, Nov 11, 2011.

  1. HKSkully

    HKSkully Member


    So much for an American Legend!
    Harley Sticks it to their customers and independent shops.

    As of Aug. 1st, 2011, Harley Davidson dealers cannot sell products overseas except for Military personnel with APO addresses. Harley Davidson dealers cannot sell Harley-Davidson items to commercial repair shops or people re-selling the product, either in US or overseas. APO with State code AP address will be charged with extra shipping because of USPS fees.
    Not too long ago Harley Davidson announced massive company-wide restructuring, which began in early 2009 and involved the closing of two factories, one distribution center, and the elimination of nearly 25% of its total workforce (around 3,500 employees) in the United States.

    The company announced on September 14, 2010 that it would however remain in Wisconsin but did open their newest Harley Davidson assembly plant in India!

    And now it appears that Harley Davidson enacted an edict to their franchised dealership network, to immediately discontinue all sales of Harley Davidson OEM parts and accessories carrying the Harley Davidson branding, to any independent repair facility designated for re-sale or use in the repair of Harley Davidson motorcycles as a re-sold part.

    These Harley Davidson dealers apparently have been threatened with monetary damages and or the stripping of their franchise licenses, if found to be in non compliance with Harley Davidson’s newly implemented policy of their non sale of parts and or accessories for use in a re-sale environment, such as to your locally licensed independent motorcycle repair facility.

    In this current day and time, when every dime (Penny) counts, and when an OEM part(s) is required in the repair of your bike, Harley Davidson is attempting to force you, the consumer, you the rider, you the owner of your “Overly Expensive” motorcycle to pay even yet a higher price for its repair.

    Harley Davidson is forcing a higher price in repairs to Your Motorcycle by either requiring no sales for re-selling of parts to the independent repair market and forcing taxes on top of taxes to be applied to parts that are unscrupulously acquired from their network of dealers in an attempt to be used in the repair of Your Motorcycle.

    Or worse, they are forcing you to be directed to their franchised network of dealerships, only to pay exuberant and inflated prices for not only Harley Davidson parts but their inferior labor as well, all the while having to put up with such poor quality service along with the “god like” attitude which many service department personnel project, as never being wrong.

    How many times have you been to a Harley Davidson dealership service department, only to hear one of three reasons your bike is acting the way it is:

    “They all do that”, “It’s supposed to be that way” or “It’s normal”.

    You might just need to get used to hearing these more often.
    I guess now, we really know just where Harley Davidson stands in their “Support for the Sport” is.

    Harley Davidson could be in violation of the Sherman Act (of the Federal Trade Commission Act) in which the Competitors (example; Harley Davidson Dealers) to fix, raise, lower, stabilize or peg prices, or establish a range of prices, a minimum price, a maximum price, or a common pricing system, which is in violation of the Fair Trade Act, referred to as the Sherman Act.

    Harley Davidson and their franchised Dealer Network may also be in violation of the Clayton Act, which addresses specific practices where the effect may be to substantially lessen competition or tend to create a monopoly.

    Due to Harley Davidson’s requirement that all purchases sold, are not to be used in a re-sale environment, they may also be in violation of the Robinson-Patman Act which principally deals with discrimination in prices charged to competing purchasers for products of like grade and quality, by forcing licensed resellers (with valid tax exempt status) to pay taxes on items which are qualified to be re-sellable in their licensed line of business operations.

    Penalties for violation of the antitrust laws are severe. Violation of the Sherman Act is a felony.

    A criminal indictment may be instituted by the Justice Department, with corporate exposure to substantial monetary fines.

    Individual employees, officers or directors of the company (and perhaps franchised dealers) who authorize or participate in the violation face felony conviction, imprisonment and substantial monetary fines as well.

    Civil damages may be recovered by private parties under section 4 of the Clayton Act. This provision permits any person whose business has been injured by an antitrust violation to recover triple damages plus costs of suit including attorney's fees.

    Additionally, the attorney general in each state may file a triple-damage class action on behalf of all consumers in the state for an antitrust law violation.

    In my opinion as well as many others, the practice of not selling parts and products to commercial customers such as Harley Davidson has implemented, to their franchised dealers should be investigated as a possible violation of the United States Federal Trade Commission Act.
  2. lordharold

    lordharold Active Member

    You are so right HKskully We understand all to well as we were once an authorized shop. Now that we are an independent we have encountered Harley's God like attitude once again( the first for forcing us out) and are having a nice time trying to get Harley parts for our customers. luckily there is a few places that will still sell but who knows for how long. Maybe Harley needs a few protests too!
  3. HDSickness

    HDSickness Banned

    Sounds like more aftermarket non-Harley parts will be sold now and the MOCO will lose money. Nobody is forcing anybody to buy or ride a Harley.

    NEWHD74FAN Experienced Member Retired Moderators

    While this is an emotionally charged issue, I have to say as a new H-D rider/owner it is a sad commentary when Corporate decisions of this kind are made. There is going to be a backlash and it is not going to be pretty.

    Almost every part on a Harley is available in the aftermarket...though some of the new "trickery" in the embedded electronics will preclude "duplication" on the newer models, this is the same marketing strategy that video game and printer manufacturers are doing.

    Putting in time "chips" that cause parts to issue and an alarm disabling a non-safety related failure (even though they are not bad) after having reached x1000 hour run time is on the horizon. Thus making the main frame device a "vending machine" for consumable parts replacement will become standard fare.

    Had this happen to our network color printer at work, the "Printer Roller Assembly" needed replacing (the part looked brand new, but the IC time chip noted that more than so many 1000 hours had been exceeded, the replacement cost as much as the entire printer purchased new 6 years ago.

    So to be "ECO" friendly, brand "D" ell provides a box and bag to send the old one back so you do not put it in landfill (but do not give you a core charge) so being "Green" friendly means you give them a bonus for the old part (they pop in a 15 cent IC) and are "thinking" GREEN the whole time. Does that sound like Corporate mentality to you the consumer...?