Need an advice on a warranty claim

[SlavaB]

Hey bitog, hope you can help me understanding how to deal with my dealer.
My MB is currently in the service (autonation location) for replacing a failed transmission's computer.
Back in October 2018 I went to a private shop to perform a transmission service, as the dealer's price was twice as much as these guys charged.
They're respectable shop with certified MB mechanics, and my receipt states OEM parts were used.

So, back to the story with the failed computer. I left the car at the dealer's site this morning and got a cal from a service advisor stating
"our technician noticed that there is a non-factory bolt installed on the transmission pan and if we find any non-OEM fluid or parts we'll void the warranty"
I asked what does the computer has to do with the fluid and he wasn't able to explain, yet it somewhat disturbing.
They haven't come back to me yet, but I'm little nervous about it right now.
Any suggestions on how to deal with them in case they'll try to void my warranty?
I'm also calling Mercedes USA tomorrow to file a complaint as this seems to be violating the law

 

[dishdude]

Don't do a thing until they deny your warranty claim, the last thing you want to do is volunteer additional information and get more people involved if you don't have to. Service advisor is just an idiot.

 

[SlavaB]

Originally Posted by dishdude
Don't do a thing until they deny your warranty claim, the last thing you want to do is volunteer additional information and get more people involved if you don't have to. Service advisor is just an idiot.


I see. Will wait till tomorrow, they promised to be done by then if everything is fine.
I haven't given them any info that the car was services at a private shop just yet, was just carefully listening to what he was saying.

 

[FordBroncoVWJeta]

Ask him if he has ever heard of the magnum-moss act, if he hasn't tell him he should read up on it before you come down their.

 

[rubberchicken]

Originally Posted by FordBroncoVWJeta
Ask him if he has ever heard of the magnum-moss act, if he hasn't tell him he should read up on it before you come down their.

+1 Magnuson-Moss act ?

 

[SlavaB]

Originally Posted by rubberchicken
Originally Posted by FordBroncoVWJeta
Ask him if he has ever heard of the magnum-moss act, if he hasn't tell him he should read up on it before you come down their.

+1 Magnuson-Moss act ?


yeah I know the law, that's what I was referring to when said will call to MB USA to file a complaint.
I'm just not sure if and how it works in practice

 

[das_peikko]

Is the transmission pan bolt the correct diameter, length, and thread pitch? Is it possibly a plain hex head with a washer instead a flange head? Ridiculous is the word here.

 

[SlavaB]

Originally Posted by das_peikko
Is the transmission pan bolt the correct diameter, length, and thread pitch? Is it possibly a plain hex head with a washer instead a flange head? Ridiculous is the word here.


RIght?? They just use the fact of the non-OEM bolt presence as the fact that someone's opened the transmission before, maybe they don't wanna deal with the problem I've got with the car

 

[rubberchicken]

Is the MB still under warranty ? Not sure what sort of warranty they provide. If they try to deny it under warranty, just ask the service writer why they feel they are immune to the Magnuson-Moss act.

 

[SlavaB]

Originally Posted by rubberchicken
Is the MB still under warranty ? Not sure what sort of warranty they provide. If they try to deny it under warranty, just ask the service writer why they feel they are immune to the Magnuson-Moss act.


It's under extended warranty till 2022/unlimited mileage. Thx for the advice!

 

[DuckRyder]

Ask for it in writing on dealer letter head.

 

[bullwinkle]

Originally Posted by DuckRyder
Ask for it in writing on dealer letter head.
Be sure to tell them it's so it can be emailed to MB corporate, your attorney, and any local TV investigative reporters who might be interested. Let us know how fast their tone changes...

 

[BMWTurboDzl]

Originally Posted by bullwinkle
Originally Posted by DuckRyder
Ask for it in writing on dealer letter head.
Be sure to tell them it's so it can be emailed to MB corporate, your attorney, and any local TV investigative reporters who might be interested. Let us know how fast their tone changes...


Silly

 

[BMWTurboDzl]

Originally Posted by SlavaB
Originally Posted by rubberchicken
Is the MB still under warranty ? Not sure what sort of warranty they provide. If they try to deny it under warranty, just ask the service writer why they feel they are immune to the Magnuson-Moss act.


It's under extended warranty till 2022/unlimited mileage. Thx for the advice!


#1 M&M only gives you the avenue of the courts to force a manufacturer to honor its warranty. Waiving M&M in front of a dealer doesn't do anything because they're just a go-between and when it's a big $$ repair awaiting authorization from the manufacturer to perform the warranty work. Sometimes having an attorney threaten to sue under M&M is successful, but again you must hire the attorney to draft the letter.

#2 Warranty companies don't want to pay to fix user error and sometimes they require whomever is doing the work to look for signs that work was previously performed. In this case it's a different bolt on the transmission pan. I've read that some manufacturers use unique parts (ex, factory install gasket has a unique color that cannot be bought outside the channel) for this purpose. The dealer/shop must be certain they'll get paid for warranty work so they must notify the warranty company of whats going on because in some cases the warranty company may want to inspect the failed part and/or obtain reimbursement from the OEM.

#3 Is this a Mercedes Benz extended warranty or a third party extended warranty sold by a Mercedes Benz dealership? Complaining to MBUSA over a third party warranty sold by a non-MB owned dealership is pointless. They could care less.




- So who worked on your transmission and used a different bolt?

 

[Donald]

The Magnuson-Moss act may not apply to extended warranties, especially if they are third party. But you may need to dig out a copy of the extended warranty. And ask why a non-OEM bolt caused a problem with the transmission computer.

Now if the replacement bolt was 2" too long and went through the case of the computer then maybe they have a valid reason.

 

[StevieC]

They have to prove what you did caused the problem. Have them put everything in writing and don't volunteer any information. It's most likely the service adviser doesn't know what they are talking about. I would think about finding a new dealer to deal with in future depending how this shakes out.

 

[Sayjac]

Quote
….yeah I know the law, that's what I was referring to when said will call to MB USA to file a complaint.
I'm just not sure if and how it works in practice
"Practically speaking" how it works in real life, IF the dealer and/or MB really wants to play hard ball with the warranty claim, MM act or not, the party with the deepest pockets generally wins. Hopefully this can be resolved to your satisfaction without having to take it that far.

 

[Chris142]

Tell them the bolt fell out and you replaced it with what was handy. Pans never been off.

 

[The Critic]

Something tells me your independent shop did not perform the trans service correctly. If the correct OE or even aftermarket "OE style" parts were used, you should never be able to tell that a transmission service was performed.

Originally Posted by Chris142
Tell them the bolt fell out and you replaced it with what was handy. Pans never been off.

Pan removal is part of the required transmission service.

 

[SlavaB]

Originally Posted by The Critic
Something tells me your independent shop did not perform the trans service correctly. If the correct OE or even aftermarket "OE style" parts were used, you should never be able to tell that a transmission service was performed.


Maybe, I don't know really.
I feel like a bolt is not a big deal, maybe it got lost or smth else.
OEM parts = atf + transmission filter.
I did call the shop and they said they'll stand for their work if needed and will talk to a dealer if there will be any questions