CHARLESTON — A man says Yamaha Motor Corporation USA would not abide by a factory warranty on a defective vehicle.
Anthony Fitzpatrick purchased a new 2020 Yamaha YXZ 1000R SS SE side-by-side utility task vehicle on July 23, 2020, from an authorized dealership, according to a complaint filed in Kanawha Circuit Court.
Fitzpatrick claims the vehicle was accompanied by a factory warranty that provided a six-month warranty and a Yamaha Extended Service warranty that was for three years.
Yamaha's warranties covered any repairs or replacements needed during the warranty period and/or due to defects in factory materials or workmanship.
Fitzpatrick claims when the vehicle was delivered it was defective in materials and workmanship and repairs were attempted.
"Shortly after purchase, Plaintiff noticed defects in the vehicle and returned the vehicle to authorized dealerships on at least five occasions for repair of defects..." the complaint states.
Fitzpatrick claims the authorized dealerships have made repairs to the vehicle, but the defects continued to exist and during the repairs the vehicle was out of service for at least 120 days.
Despite the prolonged time during which the vehicle was being repaired, the authorized dealerships failed to repair the vehicle, according to the suit.
Fitzpatrick claims despite repeated efforts to allow the defendant to repair the vehicle, the defects continue to exist and he requested a buy-back o the vehicle, however, the defendant refused to buy back the vehicle or reimburse him.
The plaintiff claims the defendants violated state law.
"Defendant Yamaha has had a reasonable opportunity to remedy the defects in the vehicle but failed to do so, thereby entitling Plaintiff to a refund of the purchase price pursuant to the Magnuson-Moss Warranty Act," the complaint states.
Fitzpatrick is seeking compensatory damages. He is represented by Laura Spadaro of Lemon Law Group Partners in Morgantown.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-506