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Dealer messed up horribly during oil change

FSTSNAL

Go Kart Champion
Most of your points are correct, however I have studied this Magnuson Moss act and it also exists for cases like these where materials/workmanship are the issue at hand. I am usually with you that people think the act is something they can use to get away with murder, but this is one of the very very few cases where the OP really does have a claim under that act.

I'm with you though that being calm and pushing back respectfully are the best initial course of action though, which is what I discussed with the OP through PM after seeing some of his documentation.

This is the point I agree on. Magnusson-Moss is not a special save all card. I am saying that if the failure is not caused by the tune, which in this case sounss like the case it is from negligence or defective part, this is where magnusson-moss is applicable.

Now, if no work was done and for example someone threw a rod from over revving then it would be pretty clear that magnusson-moss would not protect the consumer. On the other hand if the only thing done to the car was a CBE and the struts failed and the dealer/manufacturer tries to not cover it then again Magnusson-Moss would apply since there is no correlation between the exhaust and a suspension failure.

It is just basic tort law, determining level of negligence and the responsible party for the failure.
 
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XZT123

Ready to race!
You know what guys... Honda steps up and pays for lots of stuff out of good will. That's why Honda is so respected. In the end you have a multi-million dollar car dealer hashing it out with a multi-billion dollar car company.. and the customer is getting hosed. VWoA should just pay for it, or demand the dealer do it. I'm sure VWoA has ways to make the deal er comply (considering they need to sell their vehicles)
 

davesxx01

Go Kart Champion
Agreed, this is not a VWoA issue. This is a dealer issue, VWoA can only help but after all, VW didn't do anything wrong.
Get a group of friends and picket the dealer!
 

CobraKing

Ready to race!
You know what guys... Honda steps up and pays for lots of stuff out of good will. That's why Honda is so respected. In the end you have a multi-million dollar car dealer hashing it out with a multi-billion dollar car company.. and the customer is getting hosed. VWoA should just pay for it, or demand the dealer do it. I'm sure VWoA has ways to make the deal er comply (considering they need to sell their vehicles)

OP needs to speak to a higher up at the dealer and see where things go. If the dealership is still being a jerk, then OP needs to speak to VWoA and have a rep document everything right from the oil change to present and everything in between. I'm not a fan of VWoA but in this particular instance it's not defective parts that were the root cause of the problem. Only chance OP has is to complain about the customer service experience or lack of it thereof along with the time, expenses, etc. Human error by the dealer is solely responsible and the dealer needs to fix OP's car out of goodwill on their dime.
 

barische

Go Kart Champion
Man if they tried this shit with me, I have the determination, persistence, and money to sue their asses and I would.

Any idiot can realize that after a tech screwed up your camshaft, then replaced it, and it SNAPS IN HALF, that it is their fault considering thousands of people are running around with tuned cars and their camshafts are NOT exploding into millions of pieces!

my thought too
 

barische

Go Kart Champion
Hey fellow forum members... let's Start a petition for barische and send it to VWoA. What do you think?

I'm not sure if that's the best site, but there are plenty of online petition websites.

I really appreciate all you guys offering to help out. I will let you guys know which was this goes. Im def not gonna bend over and grab my ankles..

I hate corporate bullies picking on the average man on the street... you don't have to make a decision immediately, but perhaps get some quotes on the indicative legal fees you're likely to chalk up should you go through with litigation.

If and when you decide to take the fight to them, PM me your email and I'll happily PayPal $10 over to contribute to your cause.

We could then start a donation thread because this forum has >19,000 members and if even a fraction of them share my sentiments, you should be able to defray a significant percentage (if not all) of your lawyer's bill.

Thank you again for support.

I think what he's saying is they can and will void your warranty if your car is tuned regardless of the circumstances or the stage(1,2,3). The tune obviously didn't cause this particular issue but it significantly increases the power of the car. It raises the rev limiter and also changes engine knock sensitivity. I just feel the evidence is overwhelming that the dealer was negligent and screwed up his car. Guy walks into the dealer for an oil change with a perfectly fine car and then............ we all know what happened. It's crap.

Called APR they stated that Revlimiter is same as stock and they are willing to provide paperwork if needed :D

What really pissed me off to is that service manager saying "Your warranty is void" almost meant it like whole car.. hmm.. :fighting0030:

It was mentioned before they can only void related failures. They def playing hard ball, I guess i gotta play harder, haha. You guys def lighting up a fire under my ass to get me pumped up..:paddle:
 

Thumper

Autocross Champion
You said stage 1 wouldn't cause it but stage 3 could... what I'm saying is by your logic if stage 3 could cause it the cam to break than so could stage 1, both raise the rev limiter which is the only thing in anyway relevant to the camshaft regardless of what stage is it.

I said no such thing. I said I could UNDERSTAND them TRYING to claim Stage 3 broke something, I never said it would. The dealer has THEIR head up their ass here man. Neither tune would have done this and if they WOULD have they would have snapped his original camshaft likity split if they snapped the replacement that fast. Also, as it turns out the rev limiter is not changed by the tune (only the SPEED limiter)........


Car guys in general tend to have there heads way up their asses when it comes to the Magnuson Moss act, it's not this amazing ace up your sleeve that allows you to do whatever the hell you want and make someone else prove you broke it. The reason it was written was to protect consumers against warranties being voided from the use of aftermarket parts and service. That doesn't mean you can add 100 ft/lbs of torque and make an engine run at a level it was not intended to.... it means if you go to Jiffy Lube and get oil changes done with approved oil they can't void your warranty because you didn't use OEM. The purpose is to let consumers have the choice of being able to have things serviced by someone other than the manufacturer without penalty.

No. the purpose is for consumers to be able to do what they want to their cars and not have the dealer back out of the warranty cause they are dicks. Jiffy lube oil filters is the most basic and simplistic example. I mean, our lawmakers are smart people right? They know everything and if they had wanted to exclude performance mods from being covered by this law they most certainly would have added such an exclusion. There is no exclusion in the law stating "None of these provisions apply if engine output is raised with add on modifications."

Seriously though, the purpose is irrelevant since there is no bigger group of people with their heads up their asses than elected officials. The law is written the way it is written and the fact remains that the dealer is required by law to show how a part (any part) caused the failure. Let's be clear, no one is saying it is carte blanche to mod without reprisal. If you strap a tri-turbo setup to your Neon and scream down the road and throw a rod through the hood.....it's pretty clear, they still have to PROVE it.....but that's gonna be pretty easy to do. If I blow my turbo, or bend a rod, or snap a wrist pin I'm going to expect to pay for it. I'm not going to offer up front LOL, but when they come to me and say it's not covered then I'll shrug and pay.

But a camshaft? Specifically a camshaft that was just installed a few hundred miles ago?? Come on man, you have to be arguing devil's advocate here. Camshaft has nothing to do with the tune, camshaft could give a shit about 100ft/lbs of torque, it doesn't see any of it anyway. It just spins along happily opening and closing the valves secured along it's length with bearings that hold it true and straight. A timing belt/chain will snap before a camshaft will.

Maybe we should start a stickied Magnuson-Moss thread to discuss all the nuances and argue semantics. :D

In the meantime, I am going to wait to hear how the "negotiations" turn out.
 

barische

Go Kart Champion


Mom's boxster s, all 4 new tires put in as it is the backup ride.. Took it around for a spin sounds sick.. As my car status, im pumped for what is about to happen :grin:
 

lalalaprise

Ready to race!
I really appreciate all you guys offering to help out. I will let you guys know which was this goes. Im def not gonna bend over and grab my ankles..



Thank you again for support.



Called APR they stated that Revlimiter is same as stock and they are willing to provide paperwork if needed :D

What really pissed me off to is that service manager saying "Your warranty is void" almost meant it like whole car.. hmm.. :fighting0030:

It was mentioned before they can only void related failures. They def playing hard ball, I guess i gotta play harder, haha. You guys def lighting up a fire under my ass to get me pumped up..:paddle:

I know you contacted APR but I am fairly certain that the tune does raise the rev limiter...i would be surprised if it didnt.

And Dealerships always say shit like "your warranty is void" ... they love using blanket statements. My dealer told me the same thing, they said there is 'too much stuff done to your car, our techs arent trained to deal with this' and than they proceeded to replace my injectors under warranty a month later...
 

Swoope

Ready to race!
this is really a vwoa issue.

they need to fix the failure of the dealer..

tuned is not the issue.

beers
 

daschrier1

Passed Driver's Ed
No. the purpose is for consumers to be able to do what they want to their cars and not have the dealer back out of the warranty cause they are dicks. Jiffy lube oil filters is the most basic and simplistic example. I mean, our lawmakers are smart people right? They know everything and if they had wanted to exclude performance mods from being covered by this law they most certainly would have added such an exclusion. There is no exclusion in the law stating "None of these provisions apply if engine output is raised with add on modifications."

Actually you're wrong.

Re-read your manual.
 
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