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2006 Mercedes S350
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Discussion Starter #1
On wednesday i take my new S350 to the window tinter to get my windows tinted, as i am arriving to pick up the car i see the tinter very flustered. I look at my rear winsheild and he had a crack from the molding all the way up to the rear brake light and it had spidered. He started out saying he would take responsibility and pay for the accident and find out how much it cost to repair. The bill for a new rear winsheild from mercedes is $1800 i have had my car for a week and do not want to put after market glass on it. The tinter freaks and calls safelite auto glass. they say they can fix the glass using some chemicals to fill the cracks and what not. I said as long as it looks new go for it. Turns out safelite says the crack is too bad and they cant fix it without replacing the whole rear winsheild. They tell the tinter that the cracks COULD HAVE originated from under the molding where no one could of seen them. The owner of the tint shop is now convinced in his mind that his guy could have not damaged my window and is refusing to pay, after 2 hours on the phone and threatening court he says he will pay half of my insurance deductible ($500.00) I decline because i should not have to pay for something that is not my fault. I am thinking i take him to small claims court and get all my money. I have let this guy tint 4 of my other cars and there has never been a problem. That is why i kept going back. What are you'll thoughts on the situation? This is on my 2006 S350
 

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2004 W220 (S430) ; 2001 R129 (SL500) Sport
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I used Quality Auto Glass here in the Mobile AL area. They replaced the back glass in my '04 S430 for $715. The replacement was Pilkington glass, just like the OE glass. The only difference was the new glass did not have the MB tri-star logo on it. The dealership wanted $1833 for the same glass with the logo. Most reputable glass places use Pilkington glass in high-end replacements; I had the same company replace two windshields on my wife's Lexus LS430 and they used Pilkington for that too. It is also the OE Lexus glass.
Good luck.
 

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2006 Mercedes S350
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Discussion Starter #3
Is Quality Auto Glass a National Company and does it keep your factory warranty intact for the rear defroster and the antennas and what not in that glass? I am in Tampa, Fl now its funny your in mobile i just finished school at the University Of Alabama, Roll Tide!
 

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2004 W220 (S430) ; 2001 R129 (SL500) Sport
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Uh....War Eagle. I'll try not to hold the Crimson and White against you.
I don't know whether Quality is a national chain, but if you look in the Yellow Pages and check prices from a couple or three places, you'll come up with a price close to that. I checked several and they ranged upward from that number, but most were within a hundred bucks or so of it.
The rear defroster and the embedded antenna is in the glass and is a warranty item for the glass company. The GPS antenna is still covered under the warranty on the car.
 

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99 Merc S420 (80k Mi) 07 Lexus LS460 (21k Miles)
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I'd sue him for the entire cost of the repair using OE glass. It wasn't broken when you dropped it off. It shouldn't be broken when you go to pick it up. OE is in there now. He needs to pay to replace the glass with something of equal value (OE). You are going to win this case, because A.) They admitted it was their fault upon pick-up of the car B.) They tried to pay for half of it later.

You have a really good case here. Take some pictures, get a written estimate from the dealer and go file the case.
 

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I'd sue him for the entire cost of the repair using OE glass. It wasn't broken when you dropped it off. It shouldn't be broken when you go to pick it up. OE is in there now. He needs to pay to replace the glass with something of equal value (OE). You are going to win this case, because A.) They admitted it was their fault upon pick-up of the car B.) They tried to pay for half of it later.

You have a really good case here. Take some pictures, get a written estimate from the dealer and go file the case.
Unfortunate that happened I hate to hear these stories.. but.. hear are some facts to consider....

1. You have to prove the glass wasn't cracked before the work

2. This was a tint job.. nothing to do on an S but apply. No panels to remove.

3. it is very easy to detect the origin of the crack. If it was from under the molding Who would think to check? THat's not what a tint shop would do normally..

4. there is no such thing as OEM glass.. Don't be fooled. Pilkington an PPG both have the contract on ALL mercedes glass worldwide.. The only difference between getting the glass from a shop or the dealer is that is that the glass that is installed at the factory or sold from the factory ( dealer ) has the Mercedes Logo on it. Mercedes does NOT own any glass factories.. You can ask any reputable shop to get exactly the replacement that came off your car.

4. Even if you opted for a factory glass, Someone from Safelite or a local glass shop will come to the dealer where your car is and install it. There aren't many dealers around that do their own glass.

5. Small claims?? Sue?? Yeah. that all sounds powerful and masculine, and good until you start the process.. Will you get a lawyer? there goes the cost of getting a new glass right there plus more.Then there are filing costs, and service fees, and the whole wait wait wait.... You think you will have a hearing anytime soon? I think not. prepared to wait months for an uncertain outcome for what will end up costing you a lot more even if you win, than half of $500.00 I promise.

Finally,
Give the shop a break.. things happen right? you did say they did quality work for you before so you have some type of relationship with them so I would give them the benefit of the doubt.

You will find out later that your insurance company will not want to deal with the Dealer on the glass because they know about the glass game and will be unwilling to pay 1300 to 1700.00 for a glass replacement when they can get it done for half. That is of course unless you are willing to pay upfront, and wait for the difference to be refunded to you from your insurance company that's how dealers work.

Honestly, when binswanger did my glass he told me that if i had not used my insurance he would have dome the same job for me for 800 bucks. But instead he sent the Insurance company a bill for the 800 and I paid 200 of it plus a rate hike. So who won that one? yes I saved 600, but I still ended up with another glass claim.

Anyway, just get the glass replaced.. it seems to be a mishap that's not really worth the anguish.. That's what I'd do.
 

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2006 Mercedes S350
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Discussion Starter #7
Where im coming form is that it is their fault, their employee admitted to it, their owner is now trying to cover up with excuses to avoid paying. Yes i drive an S but that shouldnt mean i need to bite the bullet and pay the cost out of my pocket for something that wasnt my fault. Im going to let the shop sit on it over the weekend...i will definately keep everyone updated on the situation though
 

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The shop doesn't deserve a break, and small claims is easy to do. You don't need a lawyer and the filing fee is usually about 50$ or less. Simply tell your story to the judge. You don't have to prove the glass wasn't broken before beyond a reasonable doubt-that's only in criminal cases. A witness or two to its condition (by affidavit or in person) wouldn't hurt though. Also pointing out that the shop made no notes of it being broken when you came in is strong evidence. And the origin of the crack is usually going to be at the edge of the glass regardless of whether it was there earlier or the tinter did it (only very high point loads cause cracks to start in the middle of the glass where it is stronger- the tinter probably leaned against it with a broad surface like his arm or back), so that proves nothing. The shop will probably pay you before it goes to court- but even if you lose (which I doubt), you have calmly and properly used the legal system to stand up for yourself. That's what it's there for.
 

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Make them pay the full price of Pilkington glass - its absolutely the same thing as "original" glass with Mercedes-Benz tag.

If you decide to sue them, tey might prove that there was no their fault that the glass had cracked. It could have cracked by itself, actually - it sometimes happens with glued rear windshields...
 

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99 Merc S420 (80k Mi) 07 Lexus LS460 (21k Miles)
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The shop doesn't deserve a break, and small claims is easy to do. You don't need a lawyer and the filing fee is usually about 50$ or less. Simply tell your story to the judge. You don't have to prove the glass wasn't broken before beyond a reasonable doubt-that's only in criminal cases. A witness or two to its condition (by affidavit or in person) wouldn't hurt though. Also pointing out that the shop made no notes of it being broken when you came in is strong evidence. And the origin of the crack is usually going to be at the edge of the glass regardless of whether it was there earlier or the tinter did it (only very high point loads cause cracks to start in the middle of the glass where it is stronger- the tinter probably leaned against it with a broad surface like his arm or back), so that proves nothing. The shop will probably pay you before it goes to court- but even if you lose (which I doubt), you have calmly and properly used the legal system to stand up for yourself. That's what it's there for.
Could not have said it better. :thumbsup:

There is nothing that says 'guilty' like trying to pay for the crime. Why would the tinter have offered to pay for anything if they didn't do it? That is an admission of guilt right there. That is the kind of stuff that wins in small claims court.

To jdwh7: next time you call the shop, RECORD the conversation. Get them on tape offering to pay for half of the damage (incase they change their story in court). Make sure to let them know that 'this call is being recorded for quality assurance'.
 

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Before you record the convo...make sure to see if your state is a 1 party or 2 party state..meaning if its a 1 party state..u can record without them knowing..2 party you have to let them know....im in a 1 party state..i have my phone recorder set to record time i pick it up...now im lookng for the one you hook right to your pc and it puts the convo's in a wav file so you can burn them to a disk.
 

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hey OP......looks like your in a 2 party state...so yep...let them know.......

Fla. Stat. ch. 934.03: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976), State v. Tsavaris, 394 So. 2d 418 (1981).

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Fla. Stat. ch. 934.02.

Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10.

A federal appellate court has held that because only interceptions made through an "electronic, mechanical or other device" are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).
 

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First, I would assume the tinter was BONDED AND INSURED. They can address this with their Business Insurance. They might not want to but that is what it is for.

Second, that crack came from a tool used to make sure the tint went all the way down to the edge from the looks of it. Leverage popped it.

Third, don't accept anything but Benz glass. There is just too much electronics in that rear glass that needs to be correct. The concept of diminished value might also come into play if you have aftermarket glass as the next dealer you trade the car to will see that it is not Benz and know something happened.

Good luck.
 

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2006 Mercedes S350
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Discussion Starter #16
The owner says he is insured but says he doesnt want to claim insurance, as you stated that is what he is insured for is instances like this. The tinter was applying to much heat and the laminate between the double pane glass expanded and cracked the glass As i told the owner on friday he needs to step up and take responsibility for his mistake, its a shame it happened to be on my new mercedes and it is going to cost him $1800 to repair it. He is clearly in the wrong and if it gets to the point of having to go to small claims court i will gladly do that. All i wanted to do is take my car to get the windows tinted i didnt ask for all this headache to be included with it.
 

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The owner says he is insured but says he doesnt want to claim insurance, as you stated that is what he is insured for is instances like this. The tinter was applying to much heat and the laminate between the double pane glass expanded and cracked the glass As i told the owner on friday he needs to step up and take responsibility for his mistake, its a shame it happened to be on my new mercedes and it is going to cost him $1800 to repair it. He is clearly in the wrong and if it gets to the point of having to go to small claims court i will gladly do that. All i wanted to do is take my car to get the windows tinted i didnt ask for all this headache to be included with it.
Tell him that he will be claiming insurance whether it is with a law suit or not. Not sure about Florida law regarding small claims but $1800 might be over the threshold. If you have to get a lawyer get one that will take the case based on getting fees as well as repairs. Make sure the tinter knows this.

Don't make idle threats, however. Don't say you are going to sue unless you are willing to step up. Also, find out if the guy is a member of the Chamber of Commerce or Better Business Bureau [or any other trade organizations]. If so, start a claim with them. Once he determines you are not going to go away and are not going to pick up the tab yourself, he will call his insurance.

Also, call the city business licensing agency where he is located and see if there is an ombudsman available to call on your behalf.
 

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99 Merc S420 (80k Mi) 07 Lexus LS460 (21k Miles)
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The owner says he is insured but says he doesnt want to claim insurance, as you stated that is what he is insured for is instances like this. The tinter was applying to much heat and the laminate between the double pane glass expanded and cracked the glass As i told the owner on friday he needs to step up and take responsibility for his mistake, its a shame it happened to be on my new mercedes and it is going to cost him $1800 to repair it. He is clearly in the wrong and if it gets to the point of having to go to small claims court i will gladly do that. All i wanted to do is take my car to get the windows tinted i didnt ask for all this headache to be included with it.
Please tell me you recorded this conversation? This is golden case winning stuff.
 

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2006 Mercedes S350
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Discussion Starter #19
Unfortunately i did not, I am clearly in the right so im not stressing it to much small claims is Florida is up to $5000 so if it comes to it i will take him to small claims and let the judge make him pay. All this is a headache for me.
 

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99 Merc S420 (80k Mi) 07 Lexus LS460 (21k Miles)
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Unfortunately i did not, I am clearly in the right so im not stressing it to much small claims is Florida is up to $5000 so if it comes to it i will take him to small claims and let the judge make him pay. All this is a headache for me.
But you need more proof. He IS going to change his story in court.
 
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