ESP Voided by Power Commander

Discussion in 'Touring Models' started by revok1200, Sep 26, 2013.

  1. revok1200

    revok1200 Active Member

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    Has anyone ever had this problem.

    The power commander was on the bike when I bought it from the dealer (used). Of course I have no proof.

    After a problem with the motor I put a reman in the bike and ended up having an issue with that motor. Becuase the issue was delear negligence, the dealer gave me a 5 year ESP.

    I have used the ESP several times over the last few years and never had a problem.

    Last week I started hearing a noise so I took the bike in to get looked at, they took apart the Came housing and found a problem. I figured no problem, ESP should cover it.

    An inspector was sent from the ESP company and looked at the bike, and because he saw the power commander on the bike flagged my VIN and voided the warranty. Of course now I am stuck with the bill and a voided warranty.

    The mechanic doing the work said that the power commander had nothing to do with the defect in the motor.

    The dealer doing the repair has tried to assist with no luck.

    Has anyone had any issues like this before and how did you handle it?

    Anyone who has had to deal with this I would love to hear what course of action you took and what the outcome was.
     
  2. STEVE07

    STEVE07 Well-Known Member Staff Member Super Moderators

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    Is the ESP the one that is offered through the MOCO or is it a third party supplier?
    If it is the one that is offered by HD I don't see any problem getting reinstated. The dealer and mechanic say the problem has nothing to do with the power commader. Get it in writing then call customer service and email them explaining the problem accompanied with a pdf of the dealers letter.
     
  3. glen073

    glen073 Active Member

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    I believe you may have a case against the esp. I'm not big on the law, but have seen previous posts regarding this. It's know as the Magnuson moss act. The esp has to prove that the power commander was the cause of the issue. I'm sure others will chime in, but look this up and research.
     
  4. Breeze3at

    Breeze3at Well-Known Member

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    I agree mostly with Glens post above. But you need to read the ESP plan carefully. It may contain written clauses precluding any aftermarket accessories being installed. I don't know much about law, but I think that they can write the ESP to their criteria, and as a third party service provider, the Magnusson Moss act may not apply. I do know that companies that write and issure ESP's are not in it for your benefit.
    I hope I'm wrong, and that an add on such as yours which has nothing at all to do with the problem can't be reason to deny coverage.
    GOOD LUCK!
     
  5. revok1200

    revok1200 Active Member

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    The ESP is the one offered by HD.

    I will look into the act you mentioned, and what I was told directly was that the paper work for the ESP considers any fuel management system to be a performance enhancement part which will void the ESP.

    I still need to go over the paperwork with a fine tooth comb to get the exact language they use.

    I have also heard the burden of proof is on the ESP, but it looks like for the time being I am going to have to pay out of pocket and then try to recoup my loss.

    I don't own another vehicle so I can't just leave it there and fight it out.

    I am hoping someone who has had to fight this fight already, chimes in with advice.

    thanks for your input
     
  6. cortezc

    cortezc Member

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    The dealer gives you a 5 year ESP knowing there is a Power Commander....
    My fight is with the dealer...and i wouldn't be taking a stick to a gunfight!
     
  7. Jack Klarich

    Jack Klarich Expert Member

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    If the paper work does not back up the problem being caused by the power commander you have a strong case against the selling dealer as well as the ESP folks IMO, call the selling dealer they have discretionary funding for cases like this Good Luck
     
  8. DFHarley19

    DFHarley19 Active Member

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    That is whole point! I think dealer should work with you! Don't give up!
     
  9. revok1200

    revok1200 Active Member

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    My primary concern is getting the bike back on the road first. I don't own another vehicle.

    The ESP has stated that if I pay for the repair and remove the Power commander they will reinstate the warranty.

    Of course I said I want it in writing.

    Once everything is fixed and I am out of a rental vehicle, I will begin the fight over the non covered repair.

    Dont know if it will ever work out, but I would say that even if it doesn't, over the next 3.5 yrs of warranty I can get my money back.

    Unfortunatley the bike we love doesn't have the best trouble free repair record. Especially when you ride 24/7/365.