Possible Law suit against my mercedes dealer! - Mercedes-Benz Forum

 
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post #1 of 9 (permalink) Old 09-17-2002, 05:16 PM Thread Starter
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Possible Law suit against my mercedes dealer!

My MBNZ dealer wants to charge me for my A&B maintence services since I installed a supercharger in my ML55! I am still inside my 4 year/50k miles period!
What do I do? They are not covering anything anymore?
They have already abused by charging me for inspecting a rattle in the suspension.
Has anyone fought against mercedes for not covering a claim under warranty when in should be?
I know I added the supercharger, but denying to pay for the included AB services and other things like supension??
Any comments appreciated.
Thanks
JB
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post #2 of 9 (permalink) Old 09-17-2002, 06:42 PM
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Not a lawyer, but...

I wonder if installing a supercharger violates the provisions of the warranty? Is there another dealer near to you who you could bring the car to for service? You could let your fingers do the walking and call one or two. Again, I'm not a lawyer but it would seem to me that the only way doing a modification should impact on warranty service is if the modification caused something to break. If not, it seems like you dealer is oversteeping his/her bounds.

Perhaps you could call 1-800-FOR-MERC and someone there could advise you?


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post #3 of 9 (permalink) Old 09-21-2002, 05:02 AM
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Sorry, but I agree with your Dealer.

My reason being that a supercharger is not a minor alteration. It is a major engine enhancement that could require many other components to exceed their designed or calibrated performance perameters. Take it off if you want warranty protection, but it might already be too late!!
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post #4 of 9 (permalink) Old 09-24-2002, 07:22 PM
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Re: Sorry, but I agree with your Dealer.

Quote:
My reason being that a supercharger is not a minor alteration. It is a major engine enhancement that could require many other components to exceed their designed or calibrated performance perameters. Take it off if you want warranty protection, but it might already be too late!!

How does adding a supercharger effect his prepaid A and B services. I don't see how the dealer can refuse to do an oil change that has already been paid for when he bought the car.

We also have a law which requires dealers/manufacturers to prove that a modification caused the problem/failure. But there are no problems here. He just wants the oil change, function checks, etc. he paid for when he bought the ML. I don't think a supercharger should prevent the dealer from checking the tires for proper inflation or lubricating the hood hinges.

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post #5 of 9 (permalink) Old 11-11-2002, 11:39 PM
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I agree.....

your modification may void your warranty it has absolutely nothing to do with maintainance paid ofr already. Please keep us posted on your situation. I would like to know how it turned out. Good luck!

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post #6 of 9 (permalink) Old 11-14-2002, 08:37 PM
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Get in touch with someone at MBUSA headquarters in NJ. If they say you are covered, you...

Get in touch with someone at MBUSA headquarters in NJ.

If they say you are covered, you're covered.

Then, BLAST the dealer and make sure MBUSA knows about it also.

Squeaky wheel gets the grease.

Good Luck.
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post #7 of 9 (permalink) Old 02-04-2004, 03:14 PM
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RE: Possible Law suit against my mercedes dealer!

Vehicle warranty is an agreement between you and the manufacturer. Dealer is the servicing agent for that agreement.

There are only a 4 ways that a dealership is compensated for work performed.

Warranty-compensated by the manufacturer.

Service Contract-those items covered by the Contract agreement between you and the contract provider. The repair facility is compensated by the Contract Provider. Service Contracts are not Warrnaties. Third party contracts can often be very poor investments. Manufacturer Service Contracts are really quite good.

Coin of the Relam--If the Manufacturer declines to participte in your repair/maintenance effort, and you have NO service contract. All maintenance or repair efforts are your responsibility.

Goodwill-this is when the repair is not covered by any of the frist three and the DEALERHIP feels that it is in the best interest of the Purchaser/Seller relationship to absorb the cost of the repair. (Everyone will see this cost in higer fees and prices later) This action is reserved for the facilities best customers--do not expect to receive it with a 2nd or 3rd party owner, never been in for service and I got an attitude demand.

The Dealership is not the final word on your warranty nor service contract. By all means contact the coverage provider. Just remember that a professional attitude, devoid of emotion and rancor, will serve you best. Idle threats of lawsuits are an everyday occurence in business world. Of course that said, at times it is the course of last persuit.

All that said, you have a very legimate issue with the A/B service-follow up and keep the forum up todate on your efforts as it will benefit each of us.
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post #8 of 9 (permalink) Old 02-05-2004, 05:49 AM
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RE: Possible Law suit against my mercedes dealer!

of course it voids the warranty. you have done a MAJOR engine modification. the techs at the dealership cannot bring your vehicle to spec therefore they cannot guarantee their work. you probably BLOW them away when you bring it in [:D].

you knew (or at least should have suspected) when you added the supercharger that it would void the warranty. at least whoever put it in would have told you.

but hey, you bought the most expensive ML available, you dropped several thousands for a supercharger, whats a couple of bucks for maintenance.

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post #9 of 9 (permalink) Old 02-06-2004, 08:06 AM
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RE: Possible Law suit against my mercedes dealer!

Maybe you guys already know this but there is a law called the Magnusson Act- might not be the exact name. Anyway, a manufacturer cannot void your entire warranty becuase of a modification. If you add a supercharger and the steering box breaks, they can't deny the claim because the two are not related. Now, if you blow a head gasket they could probably deny the claim by saying that the engine was not designed to run with a supercharger and the added pressure caused it. Of course in the dealer's view, a faulty rearview mirror could be caused by adding a supercharger, because they don't want to fix it.
Obviously a lawyer would know the finer points; that's just my take on it.
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