Transmission Repair Warranty

[fordcowboy]

My question involves a consumer law issue in the State of: Colorado. I had my transmission rebuilt by a national chain with a shop close to home. I wanted to supply my own new torque converter because I felt it was higher quality than what the shop had to offer. It was agreed that their warranty would still cover the rest of the transmission, while the torque converter had it's own warranty. Six months later the torque converter had a problem which caused damage to the rest of the transmission. A new torque converter has been sent under warranty, and all repairs needed to the rest of the transmission will be covered by me. The transmission shop told me that they do not want to put that torque converter in now, and if they do, that they will not warranty it. If I buy one of their torque converters, they will stick with the original warranty. The original warranty was 2 years and it has only been six months, so they are telling me that they want to deny me the remainder of the warranty. Our original agreement was for this exact same combination of parts.

Are they obligated to stick to the original warranty?

Can a value be placed on a warranty? If they do not want to warranty my transmission now, I would like to be reimbursed for the lost value of the warranty. In all honesty I would like a full refund, but they did rebuild it, and I feel they should be paid for that work.

[Who'sThatGuy]

A part that you supplied to them failed and damaged there work on the rest of the transmission.

You are very lucky that this shop isn't going to void there part of the warranty due to the fact that your supplied part failed and damaged the rest of there work.

I would be at there mercy if they wanted to repair the transmission once again for free and void the remainder of there warranty.

[fordcowboy]

A part that you supplied to them failed and damaged there work on the rest of the transmission.

You are very lucky that this shop isn't going to void there part of the warranty due to the fact that your supplied part failed and damaged the rest of there work.

I would be at there mercy if they wanted to repair the transmission once again for free and void the remainder of there warranty.

Well they aren't repairing it again for free. I am covering those costs. My part caused the problem so the transmission warranty isn't involved at this time.

They went into the original agreement/warranty knowing that this situation was possible. I'm not asking to put a different part in or anything that is a change to that agreement we originally had. They are not paying for any damage that was caused by the part that was not theirs.

The only thing I can think to compare it to would be, your new car has a warranty that states that the use of an aftermarket air filter is ok, and does not void the warranty. Then if the aftermarket air filter caused something to go wrong with the engine, could they revoke your warranty even though it says you can do that. It seems like they would have to stand behind the original warranty, they knew those risks going in, they shouldn't be able to decide part way into it "oh no that was a bad idea, we don't like it anymore, so let's just say it doesn't count anymore."

[jk]

Are they obligated to stick to the original warranty?

First, you need to read your warranty agreement and see what it says.


Then, since the trans that is now being installed is not the trans they rebuilt and warranteed, there is no warranty left. The new trans will have a full (2 year) warranty because it is a new rebuild. It is not them warrantying their trans.

as an example:

,

your new car has a warranty that states that the use of an aftermarket air filter is ok, and does not void the warranty. Then if the aftermarket air filter caused something to go wrong with the engine, could they revoke your warranty even though it says you can do that.

they would not be revoking the warranty because the engine being installed is not the original engine that carries the warranty. That engine is no longer a functional engine. What ever is installed is a new engine with what ever warranty it carries.

or, more simply put: a new tire with a 10k mile warranty for both wear out and road hazard. If the tire wears out or is damaged by a road hazard and needs to be replaced, it is a warranty item and you will receive the remainder of the 10k miles not used as the continuation of the warranty.

If somebody slashes your tire and you buy a new tire, it is a new tire with a full 10k mile warranty on it. The old tire is simply junk and the warranty is extinguished because it is no longer usable. Your trans is that junk tire.

they owe you nothing for the warranty period that they lucked out on and will not have to cover you because effectively, you trashed the trans (analogous to you slashing the tire)


So, you are back to the same place you were when you first came to the shop only they do not want to agree to the same deal. That is their option.

so, if you put one of their torque converters in and you pay to have it rebuilt, you will be due a full 2 year warranty because it is a new rebuild just like when you came in 6 months ago.. If they want to eat the cost to rebuild with you paying for a torque converter, only then will your warranty be the remaining 18 months.

[fordcowboy]

What you are saying makes sense. I hadn't thought of it that way since there are only a few small parts of the trans needing replacement, they are not doing a full re-build. We are looking at maybe $600 in repair costs compared to the $2600 for the original re-build.

My thought with the engine and aftermarket air filter was that the engine was not totally junk, that some small components would need replacement but at that point the original engine was now useable again, and the remainder of the warranty would still be intact.

But what you are saying is that in that circumstance those parts would be replaced under the warranty, where as in my case the parts are not being replaced under warranty and that is where the problem is.

[jk]

But what you are saying is that in that circumstance those parts would be replaced under the warranty, where as in my case the parts are not being replaced under warranty and that is where the problem is.

basically, yes.

just out of curiosity, have you checked to see if the warranty for the converter specifically excludes consequential damages? I would think it probably does but it doesn't hurt to check.

[fordcowboy]

basically, yes.

just out of curiosity, have you checked to see if the warranty for the converter specifically excludes consequential damages? I would think it probably does but it doesn't hurt to check.

Yes sir, it is excluded in the warranty, and talking with the owner of the company who has helped me through this he wasn't too sympathetic in wanting to help out with that.

[Who'sThatGuy]

This might fall under the Magnuson-Moss Warranty Act,

Basically if you install after-market headlights and your transmission blows they cannot void the warranty. (Unless the headlights somehow directly caused the transmission failure, which defies reason.)

But if you install a torque converter that makes the transmission blow, then they can void the warranty. But in order for then to void the warranty they need to prove that the converter caused the failure.

[jk]

But if you install a torque converter that makes the transmission blow, then they can void the warranty. But in order for then to void the warranty they need to prove that the converter caused the failure.

apparently this is not in question