No bike, and in fact I got the call that the Rockers won't be here until Jan 08. I guess I'll just wait it out. I thought about getting a Fatboy, but I really want something different and the Rocker is definitely different.

 

My Dealer now sent me my down payment back on my Rocker C.
He told me Rockers will come in JAN.
He told me I will be the first one he calls. I want to know, does that mean ne can now charge me more if he wants to? I am looking for something reasonable ( may have found it) that I can trade in, if the Rocker C ever gets here! If he screws me you guys + gals will know about it!

 

Do not cash the check if you want one for the price quoted when the deposit was given. He's most likely looking out for himself, knowing the demand will be very high due to the long wait. He's hoping you'll move to something else in the meantime, so he can make a few extra grand in Jan/Feb.

 

So does anyone have any idea when the bike will be shipped?


Will

 

The following is the letter Harley posted on the dealer website.


2008 Model Year Rocker™ launch update


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October 12, 2007
To: All U.S. Harley-Davidson Dealers
Subject: 2008 Model Year Rocker™ launch update
Dear Dealer:

We have additional information to share with you on the launch of the 2008 FXCW and FXCWC Rocker™ motorcycles. Deliveries of this model are now planned to start in January. Units will be held for release until there is a sufficient number to deliver one of either Rocker™ model to the entire dealer network. This will ensure that all dealers will receive their first unit at approximately the same time.
We realize that this new launch timing puts you in a difficult position with your retail customers and apologize for any inconvenience that this causes. Harley-Davidson is committed to providing the highest quality products to the dealer network and your retail customers. This revised launch timing will allow us the opportunity to assure that the new Rocker™ exceeds our customer’s expectations.
Harley-Davidson Actions Taken:
Because of this revised launch timing, all Rocker™ orders will be cancelled. Other Phase II Softail orders have been pulled forward to replace these vacated production slots to assure a steady flow of Softail product into your dealership. All dealers will have the opportunity to order Rocker™ models during the Phase III (January – March) order window which opens on Tuesday October 16. Specific allocated quantities will be communicated at that time.
Dealer Action Required:
Please share this information with your Motorcycle Sales Professionals so they are prepared to notify your retail customers of the new timing.
For more information, please contact your SPOC Vehicle DSC at (Removed Telephone Number)
Sincerely,
John Comissiong
Director, Sales Support Operations




[hr]

[align=left]Rocker Production and Delivery Timing
Questions and Answers [/align]Q. How many Rockers will I get in Phase III orders?
A. Each dealer will receive a minimum of three and a maximum of five Rocker units in Phase III. You will be able to see how many Rocker models you will receive in Phase III when you log into the Vehicle Order Management application on h-dnet.com on October 16 to place your Phase III vehicle order.
Q. What if I have fewer Rockers coming in Phase III than I have customer deposits for?
A. You will have the opportunity to order Rockers in Phase IV.
Q. How does this delay affect the Rock the Holidays promotion?
A. The Rock the Holidays promotion is intended to showcase your dealership as a holiday destination, and although we will now be giving away a 2008 Night Rod Special accessorized with Genuine Motor Accessories instead of a Rocker C, the theme and support materials for the promotion will remain the same.
Q. What issues or problems is Harley-Davidson having in launching Rocker?
A. Any new model production startup can have a variety of items that need to be resolved, but we typically do not provide specific details. While Rocker production has taken longer than we anticipated, we believe the additional time we’re putting into startup will be very worthwhile in terms of ultimate customer satisfaction.

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Very interesting and not totally surprising. At least now we (customers) have the full story on future availability in the event a dealer wants to be a dick and try to sell over MSRP.

 

Talked to the dealership this afernoon and the earliest that I will see the Rocker is now January.

 

If you signed a contract to purchase the bike and it expressly stated the price, then you can hold the dealer to that price even though he gave you your down payment back. If you had such a contract, then the dealer'srevocationconstitutes a breach of contract so that you are afforded certain remedies under the Uniform Commercial Code. First, you could sue the dealer to make it specifically perform the contract, meaning you get the bike for the price listed in your contract. UCC 2-711(2)(b). Or what's more likely to happen, you can recover damages in the amount of any difference in price that was stated in your original agreement and what youend uphaving to payfor a substitution bike. UCC 2-711(2)(a). This is called a"cover." UCC 2-712.

For example, ifthe agreement listed the price of the bike as $18000,when he finally gets them in you can demand the dealer to specifically perform and purchase the bike for $18000. If the dealer refuses to sell to you, you can go to another dealer and pay that dealer's asking price then come back and sue the first dealer to cover the difference in price. So that if you end up having to buy a bike for around $20,000, the dealer must cover the extra $2000 expense. Also, you don't have to wait for the dealer to sell the bike identified in the contract before you go out and purchase your substitute in order to hold the dealer accountable for the difference in the price you end up having to pay.

My suggestion would be, assuming you do have a written contract that lists the purchase price of the bike, to go to the dealer armed with copies of the above noted UCC sections and a familiarity with what each one says.In an easy going manner,state your legal rights and what the UCC requires the dealer to do. If they give you an attitude, gently remind them that their legal costs will run much higher than what they can expect to get from the sale of one bike.

Here's a free website with the UCC codes for easy reference:
http://www.law.cornell.edu/ucc/2/overview.html

Good luck.

 

All the dealer has to do is leave you a message and call the next person on the list. He does have to honor the original price, but he can turn around and sell the bike to the highest bidder and make you wait for demand to go down to honor the price. The contract does not state delivery date nor does it have a VIN number just that you are going to purchase a 2008 Rocker at a certain price. Plus if you try to sue, you will need a lawyer also which can cost you more than the upcharge.

Another thing they can do is charge you MSRP for the bike and then add hidden fees (assembly, prep, documentation, and frieght). The dealer may already charge these fees but can increase them after the first of the year.

The reason the dealer gave you your money back is probably because they are not sure when they are going to get the bike. Another reason would be because they don't want to hold money across two calender years.

 

I just ordered my Rocker - C from a different dealer. I had told this dealer in July that I wanted one. Today he tells me that I was second on the list and the #1 person bowed out, I am now #1 at this dealer shipso I put $500.00 down. The other dealership did tell me they would call me when the 1st Rocker C came in but Could I trust that? Would the price be the same? ect, ect. At least I SHOULD be getting my Rocker Cin JAN!