Harley-Davidson is ordered to indemnify customer for motorcycle with manufacturing defect

The Harley-Davidson motorcycle importer was ordered to indemnify a São Paulo customer for R$12.5 thousand and return R$40.5 thousand paid for a vehicle sold with a manufacturing defect. The decision is made by the judge of Law Fernando de Oliveira Domingues Ladeira, from the 7th Civil Court of São Bernardo do Campo/SP. The vehicle was purchased in March 2017 and the judgment was handed down in August.

According to the customer, a motorcycle, model Sportster XL 833 N, presented defects and was sent to the workshop six times, and each time a different source of the problem was presented.

In his defense, the consumer stated that he tried to change the car, but there were several problems and no solution. In the ruling, the judge stated that the technical assistance was not efficient in solving the problem.

According to him, either the technicians were poorly trained or they knew the problem and presented solutions that would make no difference.

“For all the above in the Expert Report and in this document, it is concluded that the object motorcycle suffered from a manufacturing defect that resulted in an oil leak in the front of the engine, reported by the author on a date prior (May/2017) to the replacement of the engine side covers for non-original covers and that to solve the engine oil leak, it was removed from the frame of the motorcycle,” wrote the magistrate when judging the suit.