Well, guys, the manufacturer can, indeed, deny a warranty claim on the basis of one overshoot - especially if not doing so will cost him a $10,000 motor. Warranties are not a law that something must be done by the manufacterer in all contingencies. They're a contract provided at the discretion of the manufacturer (as a marketing tool, not a legal obligation) between manufacturer and owner that free service to provide repair parts and labor or entire assemblies and labor will be provided if evidence of specific maintenance obligations performed in a timely manner is presented at the time a warranty claim is presented. Break the provisions for a given part or assembly and the warranty on that part or assembly is null and void. It's that simple. The owner of this vehicle failed in several areas that Ford will pounce on if the owner files for legal remediation:
1> Failing to change or have changed the motor oil and oil filter during the prescribed time/mileage limitations. (Unfortunately, personal emergencies don't constitute a free pass.)
2> Not pulling her own sample of the crankcase oil for analysis before leaving the dealership after the vehicle was delivered. (Hindsight being 20/20...) The dealer was under no obligation to set aside a sample or even leave the old oil in the engine sump. Too bad - you missed a real opportunity here, Cathy.
3> Black oil is not a good sign in a gasoline engine, especially at just 7,000 miles since the previous oil change. While not proof of abuse, Ford's attorneys would focus on the issue at trial. A slick presentation by a good defense attorney and Ford's expert witnesses and a jury made up of non-experts would probably play into Ford's hands. (Ford's got nothing to lose by being taken to court - their lawyers are already on retainer, so Ford may as well get their money's worth from their hired guns.)
If it's on your nickel, Cathy, this is gonna be a hard case for you to win. Your own expert witness's fees (and Ford'll have more than one) could more than offset what repairing or replacing your engine will cost, and that's still not taking into consideration court filing fees and your own counsel's legal fees. Before I'd consider legal action, I'd go through the BBB's arbitration procedure. All manufacturers of cars sold in the U.S. are parties to arbitration and foot the bills. It's always free to the consumer and if the arbitrator finds in your favor, it's binding, meaning neither the dealer nor Ford can appeal the decision. The arbitrator will set a time limit by which the manufacturer (Ford) or his agent (the dealer) must complete the repairs, and will contact you two weeks after that date to verify that the work was completed. If a reasonable explanation for delays is not provided, the arbitrator can assess fines in your behalf. It may not be an all-or-nothing decision, either - the arbitrator may assess percentages to be paid by Ford and you where there's no clear-cut way of determining fault. If, however, you reject the arbitrator's decision, you are still free to pursue other remedies at your expense including litigation. Your warranty booklet details the procedures, but if you lost it, call: 1-800-633-5151 to have a Customer Claim Form mailed to you.
