Originally Posted By: Nederlander75
You are wrong. Unless you can produce case law that will trump my research no jury would support the OEMs claim despite evidence so long as the owner made and can support their effort in making a reasonable effort to maintain the car. The key is having the patience and will to take that far.
We have two different points here.
You initially claimed that manufacturers must provide free oil if they require a certain grade. You said you weren't sure where you could quote that from. I believe the law to which you are referring is the Magnuson–Moss Warranty Act. In this situation, the manufacturer is not required to provide lubricant free of charge, because they are not requiring a specific lubricant to keep the warranty in force. Again, this would be the case if Mazda, for instance, required Mazda oil filters to maintain warranty...but they're not, so it's a moot point.
Your second point is a little fuzzier, and I will yield to the notion that there probably is precedent out there where someone, somewhere, actually spent money to take an automaker to court, even though he was not using the recommended service products, and indeed won the case.
That said, you asked me to quote a law, and then credited your own research. Since you made the initial claim that you'd win a lawsuit, I'd invite you to disclose that research so the rest of us could benefit from it. You do recognize, yes, that the letter of the law is against you? Whether or not a jury sympathizes with your claim, that's another thing. Again, your research here would benefit many.
