2004 SUZUKI V-STROM 1000 Engine And Engine Coolingengine Problems

VIOLATION OF MAGNUSON MOSS WARRANTY ACT, UCC AND CALIFORNIA CODE PURCHASE OF 2004 SUZUKI DL1000.*MR THE MOTORCYCLE WAS DELIVERED ON 6/11/2004. UPON DRIVING THE MOTORCYCLE THE E CONSUMER NOTICED THAT HE MOTORCYCLE WAS MISSING, SURGING AND HESITATION ONCE THE VEHICLE WAS AT OPERATING TEMPERATURE. THE MOTORCYCLE ALSO STOPPED OPERATING WHILE SHIFTING FROM SECOND TO THIRD GEAR DURING ACCELERATION FROM A STOP. THE DEALER ATTEMPTED TO CORRECT THE PROBLEM BUT WAS NOT SUCCESSFUL. ON THE SECOND ATTEMPT THE SERVICE MANAGER INDICATED THAT THEY WERE NOT SUCCESSFUL BUT THAT HE MANUFACTURER HAD GIVEN THEM SOME TEST TO RUN. THE DEALER THEN DETERMINED THAT THEY MAY HAVE DETERMINED THE PROBLEM BUT HAD TO ORDER THE PART NECESSARY TO FIX THE MOTORCYCLE. THE CONSUMER REQUEST A REFUND FOR THE COST OF THE BIKE SINCE THE DEALER CANNOT DETERMINE THE CAUSE OF THE PROBLEM. *NM