eh good point. enjoy.
AUSTIN/JOHN,
DUCATI HAS THE BURDEN OF PROOF IN PROVING YOUR DENIAL IS VALID! CLAIMING TO HAVE EVIDENCE IS NOT THE SAME AS HAVING EVIDENCE! You have to understand my situation as I understand yours. I understand you do not want to pay for this repair. Nobody “wants” to….But if you are going to deny it, it is your legal duty to explain explicitly, and show, why you are denying my warranty. Which you HAVE NOT DONE. This is getting ridiculous. Please stop sidestepping my requests for your claimed “evidence”. If you do not respond to this email with the proof requested, the next request for this information will be from my attorney. I have been much more than patient in this matter and I am done wasting my time and energy. I will let my attorney do it for me. Provide your “evidence” or fix my bike. There is no in-between and you know this.
Art Zimmerly Jr.
C&K Trucking
904-644-0948 ext. 207
Fax: 904-644-0954
1921 Zoo Parkway
Jacksonville, FL 32226
From: Art Zimmerly JR [mailto:
[email protected]]
Sent: Thursday, July 17, 2014 8:24 AM
To: 'Austin Gray'
Cc: 'John Berntsen'
Subject: RE: contact request - Art Zimmerly 1199 panigale warranty claim
Austin,
Once again you have yet to prove to me any of the “evidence” you speak of. You claim multiple sources of evidence yet you provide me with none. I am telling you to the best of my knowledge I have never used this motorcycle outside of the Ducati Limited Warranty. If you feel I have and will be denying my warranty, the Burdon of proof IS ON THE MANUFACURER, not the consumer per the Magnuson-Moss Warranty Act to clearly and factually state why my warranty is not valid and if you are citing online pictures or videos for example, these must be provided to me in writing. I have every right to know exactly why I am being denied and you and DNA both know this. It is not legal for you to Claim you have evidence of misuse and deny my warranty, yet not have to prove anything. Your vague and ambiguous language in respect to my denied claim is becoming very frustrating sir. I believe it comes down to this: you claim you have evidence of misuse…show me the evidence or I will be taking this warranty claim to the next step. I don’t see the need for this, but you are leaving me with no choice. It boils down to this sir…provide me with the evidence you speak of or warranty the repair of my bike….please Austin. Thank you again for your time.
Art Zimmerly Jr.
C&K Trucking
904-644-0948 ext. 207
Fax: 904-644-0954
1921 Zoo Parkway
Jacksonville, FL 32226
From: Austin Gray [mailto:
[email protected]]
Sent: Wednesday, July 16, 2014 10:33 PM
To: Art Zimmerly JR
Cc: John Berntsen
Subject: RE: contact request - Art Zimmerly 1199 panigale warranty claim
Mr. Zimmerly
As per our discussion on the telephone, I have reassessed the available information regarding denial of your claim for repair under warranty on your 1199 Panigale. With specific reference to the applicable Ducati Limited Warranty the evidence available confirms that your motorcycle was used in a manner that now sees it outside of coverage. The information I have received has been collated from several sources; if you are in possession of any details that you think may change the position taken please pass them to me. In addition, as we discussed, it is standard operating practice for a Dealership to proceed with initial diagnosis with the consent and understanding of the customer that if the fault is not covered under warranty the customer is responsible for covering all associated costs. If you wish to proceed in this manner I will work with your Dealership to ensure that this happens.
Regards
Austin Gray
Technical Director
Ducati North America
10443 Bandley Drive
Cupertino, CA 95014
Office. +1 408 343 4416
Cell. +1 408 207 5316
Fax. +1 408 608 1935
[email protected]
Ducati North America - Bikes, Equipment, Accessories, Racing, Company, Dealer - Official Site Ducati
-----Original Message-----
From: Art Zimmerly JR [mailto:
[email protected]]
Sent: Tuesday, July 15, 2014 12:11 PM
To: contact_us; Austin Gray
Subject: RE: contact request - Art Zimmerly 1199 panigale warranty claim
Good afternoon Austin Gray,
I want to thank you for your phone call, and also follow up on our discussion. You have explained to me that it was brought to your attention that I may have used my Ducati 1199 outside the warranty agreement Ducati has set forth. As requested in the call, I wanted to formally request the proof of misuse cited by John in the below email to get this in writing as I have no knowledge of misuse or abuse in the history of my Ducati 1199 ownership nor have I engaged in any competitive racing or "like events". As you stated in our phone call, standard track days, even guys with very impressively fast times, are not considered outside the agreement. That said, I have never been to a track day, or competed in any races. Not even once. Austin, to reiterate the point of my email, I would like to personally request what exactly Ducati is considering misuse in the case of my 2013 Ducati 1199. Also sir, I am cordially asking for Ducati to take a good second look at my situation. Austin, thank you again for the call sir.
It means a lot to me that you took the time to reach out, for one, and even
more so to give me your direct line and email address. I will await your
response sir. Thank you and take care in the interim!
Art Zimmerly Jr.
C&K Trucking
904-644-0948 ext. 207
Fax: 904-644-0954
1921 Zoo Parkway
Jacksonville, FL 32226
-----Original Message-----
From: Art Zimmerly JR [mailto:
[email protected]]
Sent: Tuesday, July 15, 2014 8:56 AM
To: '
[email protected]'
Subject: RE: contact request
Good morning John Berntsen,
I would like to start by thanking you for your response, and would like to address a few things you have stated below. First and foremost I would like to know what exact activities you are speaking of, and will need to see proof of these activities please. I have NEVER engaged in any sanctioned competitive racing on my Ducati or "like activities". Also, I would like to know what other activities you speak of that have caused the damage to my motorcycle, and see proof of these activities please. Under the Magnuson-Moss Warranty Act (I'm sure you are aware) here in the United States you must prove first, the activities you say caused damage to my motorcycle actually happened on MY Ducati motorcycle, and then, you must prove those activities actually caused the damage with factual evidence. At this point, nobody even knows what the damage is! The bike remains untouched! How can you even know what's wrong, much less what caused the damage? Its not possible to know what caused the damage when the damage is unknown. I know literally, dozens of guys that use their 1199 Ducatis as track bikes on the track EVERY weekend. Ducati is well aware of their track days and their warranty claims are never denied. I have all this documented. I have never participated in a track day, much less any sanctioned race or competition of any sort. To deny me of my warranty is not adhering to policies in a uniform and consistent manner that is fair to all customers. Not even close. To deny warranty coverage during a specified warranty period, the manufacturer must prove not only that I have done something in contravention to the warranty (yet to be seen by me), but also that whatever I may or may not have done actually caused the problem you're trying to get fixed. Neither me nor Ducati has seen any evidence of this as the bike remains untouched. There is no factually possible way anyone could possible know this. It is all speculation. Please provide me with Ducati's actual findings that support non-compliance with the terms expressed in Ducati's Limited Warranty Policy via email for my records. John, I appreciate you time, and thank you for hearing me out. I look forward to getting this resolved asap sir. Please send me whatever it is that Ducati believes is grounds for declination of my warranty claim sir, and proof that these activities caused the damage, and list the actual damaged caused.
Thank you sir!
Art Zimmerly Jr.
C&K Trucking
904-644-0948 ext. 207
Fax: 904-644-0954
1921 Zoo Parkway
Jacksonville, FL 32226
-----Original Message-----
From:
[email protected] [mailto:
[email protected]]
Sent: Monday, July 14, 2014 3:53 PM
To:
[email protected]
Subject: RE: contact request
Dear Mr. Zimmerly,
Thank you for contacting Ducati.
We are sorry to learn of the concerns you have with your Ducati. Please be advised that after careful review of your case, the decision was made by Ducati North America not to support the repair of your motorcycle under the Ducati Limited Warranty. Our research exposed evidence to support non-compliance with the terms expressed in Ducati's Limited Warranty Policy.
Some of the activities noted could have led to potential damage to components of the engine. Ducati addresses this in our warranty limitations; please reference page 9 of your warranty where it states "This Limited Warranty will not apply to or include repairs or replacements required as a result of misuse, abuse or neglect." Also on page 11 of your warranty document you will notice a list of exclusions; one of which is "Any Ducati motorcycle that is engaged in competitive racing or related use." We have attached a copy of the warranty document for your reference.
Ducati must adhere to its warranty policies in a uniform and consistent manner that is fair to all customers; therefore, compensation for repairs outside the terms and conditions of the factory warranty cannot be granted.
While we sympathize with your situation, we are unable to accommodate your request.
Regards,
John Berntsen
Customer Service Manager
Ducati North America
10443 Bandley Drive
Cupertino, CA 95014
