Harley-Davidson’s warranty voided over patriotism?

David Zien loves his Harley-Davidson motorcycles and he loves his country.  His Harley-Davidson chariots have transported him for over four decades, and in 2009, his 1991 Harley FXRT motorcycle achieved over one million miles, earning it enshrinement in a motorcycle museum in Sturgis, S.D.  And his current motorcycle, like his previous Harleys, are decorated with several flags hanging from its rear, including a mixture of American flags, a “Don’t Tread on Me” Tea Party flag, and an “NRA: Stand and Fight” flag.  Some of the flags measure nearly five feet in length.  They are a tribute to his patriotism and his love for his country.

David Zien on his motorcycle, with flags fluttering in the background. Photo by Kristyna Wentz-Graff, Milwaukee Journal-Sentinel.

On a recent motorcycle trip to Dallas, Zien developed clutch and transmission problems with his Harley.  His chopper was still under warranty, so he contacted Harley-Davidson for warranty coverage.

Harley’s response – no coverage. Because of the huge flags on the rear of the chopper, Harley would not honor the warranty.

Zien was not happy.  According to an interview with the Milwaukee Journal-Sentinel, Zien said, “All they said was, because I fly flags on the bike, there’s no warranty on the powertrain … Ain’t nobody gonna stop our flags, not even Harley-Davidson corporate.”

Harley replied that Zien’s motorcycle warranty was still in effect, but the claim he filed was not valid because of the addition of aftermarket products – essentially, the huge flags.

“The issue isn’t that the flags are heavy, but they provide terrific drag on the engine and the transmission, especially when the bike is at highway speeds,” said Harley-Davidson spokeswoman Maripat Blankenheim to the Journal-Sentinel.  “When you alter a motorcycle with non-compliant products, that does impact your ability to make a warranty claim … We recognize that it’s a very cool thing to (mount flags) on your bike, and we want our customers to be able to personalize their bikes in that way. But because of what was done to (this) motorcycle, and how it impacts the motorcycle’s performance, we just didn’t cover the warranty claim.”

Okay, let’s get a few things straight.  I would argue that Zien should be allowed to fly as many flags as his Harley engine can tow.  Be proud of your country.  Show it.  Honor it.  I mean, it looks super-awesome when you’re riding your motorcycle and you’ve got the red, white and blue fluttering behind you.  That’s bigger than any bumper sticker or gas tank decal, for sure.

I would also argue that Harley-Davidson is within its right to honor or not honor a warranty if they feel that something has been added to their product that wasn’t part of the original construction.  I wouldn’t use a Harley-Davidson to tow a bulldozer, and then expect Harley to replace the powertrain when it broke because of those actions.

I suspect, however, that this will eventually be settled in a court of law.  Zien will argue his right to let his flags fly; Harley-Davidson will argue that the flags caused unnecessary problems with his motorcycle’s powertrain.

My opinion?  I’ve seen those type of motorcycle-and-flag-fluttering combos at the Americade motorcycle rally.  They’re awesome and impressive and emotionally evocative, the flags fluttering as a symbol of the open road and of the undying loyalty and patriotism of cyclists nationwide.

I just wouldn’t imagine that same motorcycle, with those flags and flagpoles in tow, traveling long distances along the Thruway or the Northway or the Massachusetts Turnpike.  Wouldn’t all those fluttering flags at 65 MPH feel like you’re dragging a parachute behind you?  I mean, yeah a Harley engine is powerful, but I don’t imagine it’s THAT powerful…

So let me hear your comments on the topic.  Should Harley-Davidson repair the powertrain on Zien’s chopper?  Or is Zien out of luck?