Question about motorcycle lemon law.

[shotgun2k18]

I purchased a new 2015 KTM Superduke 1290 R earlier this year and it came with a one year warranty. On 07/05/2018, I took it to the dealer to fix an issue where the traction control and ABS failed due to faulty parts. Here is the issue I'm facing, the motorcycle has been at the dealer for over thirty days. According to Alabama lemon law, that would qualify it as a lemon. The only issue is KTM's warranty states



This warranty covers only the engine, frame and swingarm. No other components of the motorcycle are covered by any warranty, expressed or implied and are sold “as is”. The frame is defined under this warranty as the main frame only of the motorcycle. The engine is defined under this warranty as parts, which are housed within the engine crankcase, including shafts, gears, and shifting mechanism. In addition to the engine crankcase, the warranty covers the crankshaft and ignition system. KTM North America, Inc. will repair or replace, at its option, any of these parts that are found to be defective in material or workmanship subject to the limitations of this warranty.



According to this warranty,it would seem that they are not legally required to change out faulty electronic parts but they usually do at no cost so long as no modification was done to cause the issue. Based on this warranty, it would seem that KTM could get out of a lemon law claim since they don't explicitly state anything about electronics in the warranty. What do you guys think.?

 

[adjusterjack]

According to Alabama lemon law, that would qualify it as a lemon.

No, it wouldn't.

The Alabama lemon law applies to new vehicles within the first 12 months after original delivery or the first 12,000 miles whichever occurs first.

http://autopedia.com/html/LemonLaw/AL_lemonlaw2.html

You're not getting the bike replaced.

 

[shotgun2k18]

Thanks for the reply.

No, it wouldn't.

The Alabama lemon law applies to new vehicles within the first 12 months after original delivery or the first 12,000 miles whichever occurs first.

http://autopedia.com/html/LemonLaw/AL_lemonlaw2.html

You're not getting the bike replaced.

LEMON LAW COVERAGE PERIOD The lemon law establishes a lemon law rights period ending one year after the date of the vehicle’s original delivery to a consumer or the first 12,000 miles of operation, whichever occurs first

Based on this, how would my bike not be covered? I purchased the bike new and untitled with a KTM factory warranty. I am the consumer in this case and my bike is within one year and is <12,000 miles. I'm not trying to get in an argument. I'm just a little confused. Thanks for the reply.

 

[adjusterjack]

Based on this, how would my bike not be covered? I purchased the bike new and untitled with a KTM factory warranty. I am the consumer in this case and my bike is within one year and is <12,000 miles. I'm not trying to get in an argument. I'm just a little confused. Thanks for the reply.

Let me get this clear. You're the first owner of the bike? It had never been sold to anybody else before and had 0 miles, or close to 0 miles on it when you bought it earlier this year?

If yes to all that, I think it would still not be covered by the lemon law as the lemon law addresses a non-conforming condition which is defined as:

"Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer"

The ABS and Traction Control are not covered by the manufacturer's warranty so they wouldn't be covered by the lemon law.

That a dealer replaces parts voluntarily at no cost does not bring the bike into the lemon law.

I think you will just have to wait for the repairs.

 

[PayrollHRGuy]

As a motorcycle owner I can't believe KTM can sell those with a warranty like that. And I checked and he the OP is warranty info he provided is correct.