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Discussion Starter #1 (Edited)
So last week I blew out my clutch and flywheel and now my dealership (with a new Service manager) is telling me that I have to pay for it ($5500) due to the mods I have.

They first thing they said is that it was because of the Dinan TB's (they did not install them) so I then told them that Dinan has a warranty, blah, blah, blah but the work was done at a "Dinan certified" dealer 100 miles from here. They did not understand the whole Dinan warranty thing (nor do I) so they then said it was because of your software and exhaust.

So, should I keep my mouth shut and get a lawyer involved immediately? Should I try to work it out myself? Should I contact Dinan? Should the car sit at the dealership until the finances are worked out?

Any help would be appreciated as I am afraid my emotions my get in the way of better judgment....


Cheers ///
 

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What about getting it serviced at the same dealership that is Dinan certified??
I know it's 100 miles away, but maybe it is worth it.
 

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If you can get it in writing that they said it was attributed to the TBs, I say contact Dinan. If Dinan is not cooperative, then I'd seek a lawyer. Also, how do they attribute your flywheel malfunction to an exhaust? I thought they had to prove that the malfunction was directly caused by the aftermarket part.
 
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there is a federal law that an manufacturer can not void the warranty due to the exhaust (can't think of the law). Also if you Mod they have to prove that the Mod contributed to the failure if not then have to replace under warranty.

good luck

Andrew
 

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Dealers are such morons sometimes...

I installed a clip-on cup holder to my e-brake handle once... yah, totally blew my iDrive computer out.. dealer wouldn't warranty it. Said my cup holder was too heavy for the center console, which caused the iDrive to explode.

True story...

-F

PS: No, it's not a true story... but some dealer might believe it.
 

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there is a federal law that an manufacturer can not void the warranty due to the exhaust (can't think of the law). Also if you Mod they have to prove that the Mod contributed to the failure if not then have to replace under warranty.

good luck

Andrew
the Magnuson-Moss warranty act was passed, and that in simple states - You as a consumer, have the right to work on your own vehicle and use WHATEVER parts you like (granted they have been designed and or built for your application), and the dealer / original manufacturer CAN NOT void your vehicles warranty, UNLESS they can prove without a doubt that what you did, swapped, replaced, or modified, caused the "warranty issue / problem"...
 
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It's very simple......

So last week I blew out my clutch and flywheel and now my dealership (with a new Service manager) is telling me that I have to pay for it ($5500) due to the mods I have.

They first thing they said is that it was because of the Dinan TB's (they did not install them) so I then told them that Dinan has a warranty, blah, blah, blah but the work was done at a "Dinan certified" dealer 100 miles from here. They did not understand the whole Dinan warranty thing (nor do I) so they then said it was because of your software and exhaust.

So, should I keep my mouth shut and get a lawyer involved immediately? Should I try to work it out myself? Should I contact Dinan? Should the car sit at the dealership until the finances are worked out?

Any help would be appreciated as I am afraid my emotions my get in the way of better judgment....


Cheers ///
Dinan warranty covers THEIR products; + any other BMW component that fails because of Dinan products. BUT, you have to take your car to a BMW dealer, who is ALSO a Dinan dealer ('Best bet is the dealer where your mods were installed; notwithstanding the distance). THEY will decide and work with Dinan to determine which warranty applies. YOU won't even know who paid for what. 'Dunno where you live, but 'might be worth calling Dinan warranty dept. (toll free # and ask for warranty dept.). They can help you find closest dealer; or maybe even talk to the SA/SM at the dealer where your car is now (probably a long shot; but worth asking).

'Speculating your SA/SM (where car is now) believe tranny issues are because of extra power generated by TB's/software/exhaust (or all 3, combined); which caused the failure. Truly a load of crap, but there's no point arguing. Oh, and BMWNA won't be much help either. They'll just tell you what I did: "Take your car to a Dinan dealer".

FWIW, 'been there, done that. Trust me, this is the way the process works. Not all BMW dealers are Dinan dealers; and the ones that aren't, don't have a clue.

Good luck.....:)
 

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Discussion Starter #9
Dinan warranty covers THEIR products; + any other BMW component that fails because of Dinan products. BUT, you have to take your car to a BMW dealer, who is ALSO a Dinan dealer ('Best bet is the dealer where your mods were installed; notwithstanding the distance). THEY will decide and work with Dinan to determine which warranty applies. YOU won't even know who paid for what. 'Dunno where you live, but 'might be worth calling Dinan warranty dept. (toll free # and ask for warranty dept.). They can help you find closest dealer; or maybe even talk to the SA/SM at the dealer where your car is now (probably a long shot; but worth asking).

'Speculating your SA/SM (where car is now) believe tranny issues are because of extra power generated by TB's/software/exhaust (or all 3, combined); which caused the failure. Truly a load of crap, but there's no point arguing. Oh, and BMWNA won't be much help either. They'll just tell you what I did: "Take your car to a Dinan dealer".

FWIW, 'been there, done that. Trust me, this is the way the process works. Not all BMW dealers are Dinan dealers; and the ones that aren't, don't have a clue.

Good luck.....:)
Thanks, Dan and others. :cheers:

After my 3rd glass of Cake Bread cab, I think I know the direction to take. I will flatbed my car to the Dinan dealer and let them handle it. I won't even mention what transpired at the other dealership and see how it goes.

This goes to show how important it is maintain a good relationship with your Service Manager. This would have been a win/win situation with my old SA (retired last week) but not anymore...different ballgame, different referees, different score.


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This is BS man. This is not a Dinan problem since we know the TB's don't make any power. BMW USA is very anti-mod right now see below (even though it is meant to cover the 335i engine):

THis is a pure drivetrain failure on the part of the BMW. Dinan shouldn't have to deal with this. They aren't dumb either.

The onus is on the BMW to prove something caused your failure...good luck to them.

I would just escalate and stick to your guns.

Just my thoughts bud.

 

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I agree with T Bone. Don't send your car 100 miles to the Dinan dealer until you at least talk to them to see what they say about their TBs being the cause of your clutch failure.

You should also mention the Magnusson-Moss Act to your SA. Chances are he doesn't know and/or doesn't think you know any better.
 
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Been there done that.....unfortunatly all too often when you bring up the Magnusson-Moss act......they won't care. It's really not up to them to prove your addon part caused the damage....it's up to YOU to prove it didn't. I had a turbo gasket leaking on my F250....took it into the dealer to fix under warranty.....he came back and said his diesel tech claimed because I had installed a larger diameter exhaust that the added heat had "cooked" the gasket causeing it to fail....... Huh? Wait a minute......it's BASIC F'ING MECHANICS that increasing the size of the exhaust pipe will LOWER the EGT's NOT raise them......he wouldn't listen and when I got irate he stated...."I can void your warranty because of your lift kit"......when I cited M-M act and told him he could do no such thing.......he looked me in the eye and said ....take us to court.

The moral is I have since seen several other cases where that just because the M-M act exists......the dealers STILL don't care. YOU have to undertake the expense and time to take THEM to court to enforce it. And they will NOT put anything in writing....like the Dinan TB's causing the issue .......trust me.....they WON'T.

Yes, your best bet is to quietly take it to the next dealer and act like it just happened.....although...warranty work is on the Dealer network.....so they may be able to see that you just had it in the last place.....hope not.
 

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BTW if you take them to court they will usually do what you wish. With my sister's car, MBZ refused to replace the panoramic top. So we sued them and they complied as soon as the we served.
 

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That has been my experience as well....the one time I actually did serve a dealer.....they did call up immediatly and take care of it...funny...even after the BAR (Bureau of Automotive Repair) had sided with me they STILL lied and refused to do anything till they actually got served....I'm SURE it's because thats the cheapest route for them.....MOST people will never take it that far....


BTW if you take them to court they will usually do what you wish. With my sister's car, MBZ refused to replace the panoramic top. So we sued them and they complied as soon as the we served.
 
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Been there done that.....unfortunatly all too often when you bring up the Magnusson-Moss act......they won't care. It's really not up to them to prove your addon part caused the damage....it's up to YOU to prove it didn't. I had a turbo gasket leaking on my F250....took it into the dealer to fix under warranty.....he came back and said his diesel tech claimed because I had installed a larger diameter exhaust that the added heat had "cooked" the gasket causeing it to fail....... Huh? Wait a minute......it's BASIC F'ING MECHANICS that increasing the size of the exhaust pipe will LOWER the EGT's NOT raise them......he wouldn't listen and when I got irate he stated...."I can void your warranty because of your lift kit"......when I cited M-M act and told him he could do no such thing.......he looked me in the eye and said ....take us to court.

The moral is I have since seen several other cases where that just because the M-M act exists......the dealers STILL don't care. YOU have to undertake the expense and time to take THEM to court to enforce it. And they will NOT put anything in writing....like the Dinan TB's causing the issue .......trust me.....they WON'T.

Yes, your best bet is to quietly take it to the next dealer and act like it just happened.....although...warranty work is on the Dealer network.....so they may be able to see that you just had it in the last place.....hope not.
Idiots. Nice post, Chris and way to stick it to them.
 
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Idiots yes.....unfortunatly it was THEY that stuck it to me....that was not the case where I took it to court....the Turbo gasket cost me about $700...I had my regular mechanic do it......and I never pursued it...too much hassle and effort involved...in hindsight I wish I had...
 

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Good thing my best friend is graduating law school next month. I can at least serve them papers for free.
Sucks that it has to get this far.
 

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Do not talk to them (dealer) anymore. Just get a lawyer and have them served. Do not get upset, as they say it is just business.
Come down hard on them and let your "hitman" do the talking.

Good luck my friend,

M5Ranger...Juan
 
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Yes, what happened or is happing with this?
 
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