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Old 09-28-2011, 10:56 AM   #61
cjlucas78
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Quote:
Originally Posted by floyd600 View Post
Please give us more info on the knocking noise... when does it happens? I know that there is a timing chain tensioner that will knock like a bad motor for a few seconds at cold start. does this knock goes aways or what?? give us more info please!
You can't really hear it at idle, and then you start hearing it around 2500 rpms and it gets louder from there and does not go away as it warms up.
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Old 09-28-2011, 10:57 AM   #62
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He put about 65 miles on it based on what the title says
he has to put a check out milage so he can cover his ..

Last edited by floyd600; 09-28-2011 at 11:00 AM.
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Old 09-28-2011, 10:59 AM   #63
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TMAX is banned for life
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Old 09-28-2011, 10:59 AM   #64
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Quote:
Originally Posted by cjlucas78 View Post
You can't really hear it at idle, and then you start hearing it around 2500 rpms and it gets louder from there and does not go away as it warms up.
ok... that does sound like a rod bearing or something internal.

I'll be more then happy to help ya. like I said before.. you can get a used motor if thats what it is and I can also have my buddy take a look at it and see what he thinks.

please pm me your number if you would like some help.
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Old 09-28-2011, 10:59 AM   #65
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TMAX is banned for life
Not from our hearts
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Old 09-28-2011, 11:00 AM   #66
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It would be interesting to know how the bike was delivered to you. If it was ridden, you might argue that he caused the damage to your property by riding it in a manner that is inconsistent with the operator's manual (i.e., a quart low on oil) AFIK: they all say to check oil level before operating (document the oil level and don't add or change it if you want to be able to go that route)

As the tax cheat angle: there are two edges to that sword. I imagine that you are complicit in the tax fraud as the amount that you paid for TTL probably would be insufficient to cover the actual sales tax due. So it appears that you got cheated in a transaction where you both conspired to commit tax fraud.

On the deceptive trade practices/warranty disclaimer: it doesn't look promising (but don't let that deter you from looking into it)

Quote:
2.316. EXCLUSION OR MODIFICATION OF WARRANTIES. (a)
Words or conduct relevant to the creation of an express warranty and
words or conduct tending to negate or limit warranty shall be
construed wherever reasonable as consistent with each other; but
subject to the provisions of this chapter on parol or extrinsic
evidence (Section 2.202) negation or limitation is inoperative to
the extent that such construction is unreasonable.
(b) Subject to Subsection (c), to exclude or modify the
implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be
conspicuous, and to exclude or modify any implied warranty of
fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient
if it states, for example, that "There are no warranties which
extend beyond the description on the face hereof."
(c) Notwithstanding Subsection (b)
(1) unless the circumstances indicate otherwise, all
implied warranties are excluded by expressions like "as is", "with
all faults" or other language which in common understanding calls
the buyer's attention to the exclusion of warranties and makes
plain that there is no implied warranty; and
(2) when the buyer before entering into the contract
has examined the goods or the sample or model as fully as he desired
or has refused to examine the goods there is no implied warranty
with regard to defects which an examination ought in the
circumstances to have revealed to him; and
(3) an implied warranty can also be excluded or
modified by course of dealing or course of performance or usage of
trade.
(d) Remedies for breach of warranty can be limited in
accordance with the provisions of this chapter on liquidation or
limitation of damages and on contractual modification of remedy
(Sections 2.718 and 2.719).
(e) The implied warranties of merchantability and fitness
shall not be applicable to the furnishing of human blood, blood
plasma, or other human tissue or organs from a blood bank or
reservoir of such other tissues or organs. Such blood, blood plasma
or tissue or organs shall not for the purpose of this Title be
considered commodities subject to sale or barter, but shall be
considered as medical services.
(f) The implied warranties of merchantability and fitness
do not apply to the sale or barter of livestock or its unborn young.

Acts 1967, 60th Leg., p. 2343, ch. 785, 1, eff. Sept. 1, 1967.
Amended by Acts 1979, 66th Leg., p. 190, ch. 99, 1, eff. May 2,
1979.
You should be going after the reputation of the business by publishing the name here, contacting the BBB, posting online reviews etc.

You might also check to see if he is a licensed dealer and contact the TXDMV to file a complaint, especially if he is unlicensed.
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Old 09-28-2011, 11:00 AM   #67
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It could just as easily be the clutch making the noise if the plates are in fact warped
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Old 09-28-2011, 11:04 AM   #68
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This is why he's as far as getting his money back from the seller
Quote:
(1) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with
all faults" or other language which in common understanding calls
the buyer's attention to the exclusion of warranties and makes
plain that there is no implied warranty; and
(2) when the buyer before entering into the contract
has examined the goods or the sample or model as fully as he desired
or has refused to examine the goods there is no implied warranty
with regard to defects which an examination ought in the
circumstances to have revealed to him;
There is no implied warranty unless the seller says so in terms of time or mileage
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"I lack skillz"
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Old 09-28-2011, 11:05 AM   #69
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Quote:
Originally Posted by bluewave18 View Post
It could just as easily be the clutch making the noise if the plates are in fact warped
could be lots of things.. clutch... transmission... rod bearing... it would be a lot easier for us to see if we can actually see a video or even look at the bike up front.

My buddy had a knock on his Gixxer and rode it like that for a few days.. well.. we found out after one of the pistons came out of the crank case that it was low on oil.. he wheelies that bike 24/7. it was a ducaty Gixxer.
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Old 09-28-2011, 11:06 AM   #70
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Drain what oil is left and look for particles
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Old 09-28-2011, 11:09 AM   #71
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Here is a picture of the bike stripped down yesterday too
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Old 09-28-2011, 11:11 AM   #72
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Here is a picture of the bike stripped down yesterday too
thats what I'm talking about.. what did you found?
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Old 09-28-2011, 11:11 AM   #73
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I see the problem. You bought a Yamaha. I keed. You need someone who knows a thing or 2 to take a look/listen
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Old 09-28-2011, 11:12 AM   #74
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Quote:
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This is why he's as far as getting his money back from the seller

There is no implied warranty unless the seller says so in terms of time or mileage
No. That's the whole point of implied warranties. They exist through implication and do not need to be explicit. If the seller says nothing there is an automatic implied warranty of merchantability.

There is an implied warranty on the transaction unless the seller excludes it. In this case "as is" accomplishes this. It excludes the automatic implied warranty. But that does not mean that the dealer is not responsible for disclosing what he knows or should know about the bike.
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Last edited by Ogre; 09-28-2011 at 11:14 AM.
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Old 09-28-2011, 11:13 AM   #75
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That picture was taken at the dealership my roommate works at and a buddies parents own, so I trust what they found out.
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Old 09-28-2011, 11:16 AM   #76
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You trust their quote too? Get the roommate to do the work. You should have had him check out the bike if he knows his .
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Old 09-28-2011, 11:18 AM   #77
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Quote:
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That picture was taken at the dealership my roommate works at and a buddies parents own, so I trust what they found out.
sounds like you are in good hands...
best of lucks to ya!
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Old 09-28-2011, 11:18 AM   #78
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OK. Who will go check on this guys for him? C'mon people. He is not on my side of town and I hate Yamaha anyway.
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Old 09-28-2011, 11:19 AM   #79
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he is in sales, not repair
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Old 09-28-2011, 11:25 AM   #80
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I just want to thank everybody for their input and willing to help me without even meeting me
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