Ducati Sporting Club UK > Model Specific - Discussion, Technical Problems and Help > 999 / 749 > Still no resolution from Ducati...

[antonye]

I agree with you - but until you know it was definitely brake failure caused by a design fault then speculation as to the cause is all you have to go on.

Just trying to put a realistic spin on this - what will you do if it's found that it was brake failure caused by a corroded piston, or a leaking seal, or simply a stuck return valve in the master cylinder? None of those things would be considered a manufacturing or design defect but could cause the same problem.

[Twinfan]

Corroded piston - Bike has 12 months warranty. Ducati pay.

Leaking seal - Bike has 12 months warranty. Ducati pay.

Stuck return valve - Bike has 12 months warranty. Ducati pay.

It's that simple isn't it?

[khu996]

I'm sure plenty of people have been following Twinfan's story with some interest, and there have been lots of people worried about the brakes on their bikes (me included), and I can understand where Antony is coming from, but to expect a blanket exclusionary clause, like checking the bike before you ride, to cover an obviously catastrophic failure like this, is not acceptable at all.

You can understand why Ducati/Brembo wanna keep this as low key as possible, and in my experience, taking the softly softly approach brings more results than shouting and screaming and going to the papers! It might well come to that, and I know you've been waiting a long time now, but it might be worth keeping a dialogue with them...then see what happens??

All of this is no consolation for Twinfan...I feel for you mate, I'd be gutted.

[antonye]

Originally posted by Twinfan
Corroded piston - Bike has 12 months warranty. Ducati pay.
Leaking seal - Bike has 12 months warranty. Ducati pay.
Stuck return valve - Bike has 12 months warranty. Ducati pay.
It's that simple isn't it?

I don't think it is - certainly not in terms of what you're asking.

Yes, the above would be replaced under warranty and, as you've stated above, Ducati have already offered to do this.

However, claiming for plastics and assorted damage as well might not get you anywhere and this is where I'm coming from with the "check before you ride" get-out in the manual.

But we'll see what happens - it's certainly an interesting thread!

[Twinfan]

However, claiming for plastics and assorted damage as well might not get you anywhere and this is where I'm coming from with the "check before you ride" get-out in the manual.

So if I'd stripped the brakes before I went out, found nothing wrong (I'm not a mechanic, remember), then the accident happened, what then? I always do simple checks before I go out and the bike seemed fine.

All of this is no consolation for Twinfan...I feel for you mate, I'd be gutted

I am mate, I am

[ali]

Antony, WTF have you been smoking???

If I bought a brand new VW Golf (for example) went round a corner at 60mph and the wheels locked up, throwing me under an oncoming lorry, killing my entire family, I'd want some f***ing answers! Just because we're talking about a 'high performance machine' doesn't change the rules one bit. Brakes are for stopping anything from a push bike to jumbo jet, if they malfunction during a warranty period then any damage sustained as a side effect of that malfunction should (and I'm sure in a court, would) be covered by the manufacturer.

As khu states, there's no such thing as a blanket exclusion clause when it comes to liability. Any clause in any contract must be workable in the real world or it's null and void (I've had recent experience of same). If you said that everyone should check their brake pistons (on any vehicle) every time you use that vehicle then you'd be laughed out of court, especially if you're talking about a period supposedly covered by warranty.

If DUK have offered to replace anything at all then it's proof of admission that the original items were defective. I would use that as a starting point to rip the arse out of those responsible for the delay, and ensure that your wife isn't left a widow the next time you buy a new duke. TF/Necroscope deserve full support of the club in getting this sorted. It's a damn shame that DUK don't feel it necessary to comment on this in public.

</rant>

[antonye]

Good point, well made.

BUT....

We don't know the full story yet, and as such cannot draw anything but speculative conclusions as to the cause.

Please bear this in mind - that's all I'm trying to say.

[pedro]

so from a customers point of view? where did you go wrong? you only bought the bike,put the faith in product (ducati) .me-i would struggggle to listen to what you have been told.

[Wylie1]

Originally posted by antonye
Good point, well made.

BUT....

We don't know the full story yet, and as such cannot draw anything but speculative conclusions as to the cause.

Please bear this in mind - that's all I'm trying to say.

It doesn't matter what caused the brakes to stick on. The fact is, they simply shouldn't do that. They should only work when you apply pressure to the lever.

This should have been settled by Ducati as soon as they saw the blue brake disc. The diagnosis should be at their expense, not TF's. A replacement bike is peanuts against all the money they spend on positive advertising.

TF.....I'm gutted for you. Stick to your guns & don't be fobbed off.

[jobr]

Surely the best option for all concerned is Ducati provide TF with a new bike FOC, in return Tf signs a compromise agreement drawn up between two solicitors.

Ducati then don't admit liability leaving themselves open but TF is happy and back on the road. Christ is a £10k bike not a multi million pound law suit they should get there arses in to gear and get TF sorted and be thankful it wasn't a hell of a lot worse.