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Give the dealer a call and let them know your old tire failed on the way home after they refused to replace it and you plan on contacting a lawyer. Seriously.. what is more dangerous.. mismatched tires or worn tires?
Would be akin to many tire shops refusing to install 2 new tires on the front of a front-wheel drive car - they'll only install the new tires on the rear, moving the worn rear tires to the front... New tires on the front with worn tires on the rear = potential spinout.
Folks changing-out to radials should be aware that if you encounter trouble with one tire, a HD dealer will most likely have this policy where they will not install a bias-ply tire with the existing radial. And they may not install radials if your bike didn't come with them.
Same exact thing happened to me....brand new tire Venoms on the rear, Metzer 880 on the front...yes i was already mis-matched ( two rear tires for every front tire ).....on my way to Lake of the Ozark rally...my rear developed a gauge from something underneath the frame/fender.....also found out that the Venom profile was a bit wider then my older Rear Metzer 880, thus the gauge.....went into the Lake of the Ozark dealership ...they had no problem putting on a Dunlop in the rear.....still running the Metzeler in the front Dunlop in the rear.....went to Wyoming and back via Sturgis with absolutely no issues.....
Your dealer took you for a ride for sure.
I had a local honda dealer put 2 different tires on a Honda vtx that I had. They didn't have a problem with it and were very helpful. Haven't had any tires put on at the local harley davidson dealer because their labor is over priced.
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