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How to deal with a scandalous mechanic...

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Old 12-04-2003, 04:43 PM
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How to deal with a scandalous mechanic...

I posted a separate thread about how I had an oil leak. I took my car back to the shop which replaced my timing belt to have them investigate the problem.

I had the timing belt changed on 9/11/2003. The shop has a 6 month or 6,000 mile warranty on all parts and labor. When they re-did the timing belt, they also re-did the camshaft oil seals and the crankshaft oil seal. I made one mistake, and that was where I requested (and paid extra) for a Nissan timing belt.

So, the shop saw the oil leak, and told me that it was related to my timing belt job that they did about 3 months ago.

However, here is my problem. They assert that since I requested a Nissan timing belt, that such a request voided the entire warranty on their parts and labor. They refuse to honor and stand behind the other work that they did (such as replacing the leaking crankshaft seal).

Basically, they claim that my non-normal timing belt is causing the leak. I asked how this was possible; but they just told me to go look it up. It seems that since they would not normally use a Nissan belt, then a request for a Nissan belt is abnormal. And, abnormal belts caues abnormal leaks.

What do you all suggest that I do? I don't want to just get sue-happy, but I have no clue how to properly go about this.
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Old 12-04-2003, 04:54 PM
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It is NEVER unreasonable to request factory/OEM parts when having repairs done.

Did you agree before the repair to forfeit the warranty?

If it's not in writing, I'm pretty sure they can't withhold the warranty because you were never told.

Hopefully you also have it in writing that they claim responsibility for the leak.

When you put these together, they basically look like *******s, because as I understand it:

1) They did a job, using OEM Quality Parts with a written warranty.

2) Later, they claim your leak is caused by them.

3) When you request warranty coverage, they claim that your Factory Spec part is to blame and your warranty is void, although you were never told this.

I've never done anything like this, but I'd ask for everything in writing, give them another chance to fix it, then head to small claims court.

Also, they said to look it up? Where are you going to look up "factory spec timing belt just like the one that's been in there for at least 60,000 miles causes oil leak after morons do shoddy work" ?

Give me a break
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Old 12-04-2003, 04:56 PM
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Did they tell you the Nissan belt would
1) Void the warranty
2) Cause a leak?
If not, they should still be liable.

Since when is a belt going to cause a leak? Maybe if it was rubbing against the seal but there should be a little metal bushing that protects the seal??

Sounds like bs
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Old 12-04-2003, 05:27 PM
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Get a lawyer to send them a letter on his lawyer letterhead. That should get the ball rolling... There are laws, I forget the specific name, but state that equal parts, no matter their source, are equal, so in autorepair you don't nec. have to go with OEM or with dealer services, etc... They are in the wrong. You are in the right. Get a lawyer on their case.
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Old 12-04-2003, 05:28 PM
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I suggest:

Step 1:
Request a written paper from a shop where your car been "done" at - they will refuse mostly likely ... so record the whole conversation.
Tell 'em that you are going to report 'em to consumer's rights organization.

Step 2:
go to the nearest Nissan dealership and tell 'em that you were told that OEM part (Nissan part) is causing the problem with an oil leak (don't forget to play recorded conversation and leave 'em a copy of the work order from the shop).
See what nissan dealership is going to do about it.

Step 3:
report shop to a public consumer's rights organization if shop doesn't back out

I had samiliar problem with a shop (not with oil leak but with brakes on my truck) - shop backed out right away and fixed the problem.
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Old 12-04-2003, 06:24 PM
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shops are crooked......all i gotta say is LAWYER you used a NISSAN part for a NISSAN car hows that void teh warranty ? so fi they use a crap part that keeps the warranty ?
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Old 12-04-2003, 06:48 PM
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No belt can be more "normal" than the OEM one. That's why it's called a genuine part. You should win this case easily, don't get discouraged by their rhetoric.
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Old 12-04-2003, 07:23 PM
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take them to small claims and sue them for the entire timing belt replacement costs. that'll shuddemup.
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Old 12-04-2003, 07:35 PM
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That's a bunch of BS. Do what all the others said - check what you already have from them in writing, get their warranty/guarantee/current stance in writing, and get a lawyer.
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Old 12-05-2003, 05:04 AM
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thats bs

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Old 12-05-2003, 06:16 AM
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Originally Posted by N34JZ
thats bs



123456789
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Old 12-05-2003, 06:56 AM
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If anything, it sounds like what a dealer would say if you came in with non-OEM parts. For these guys to say that an OEM part is causing a failure is totally stupid.
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Old 12-05-2003, 06:56 AM
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problem solved
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Old 12-05-2003, 07:25 AM
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See my reply on the other thread.
(see what happens when I'm away for 2 long)
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Old 12-05-2003, 07:30 AM
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Originally Posted by DanNY
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problem solved

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Old 12-05-2003, 07:50 AM
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Hey guys, thanks for all your input. I dunno about beatings with bats or fun with matches, but I guess I can always resort to:




Yeah, I know he's a criminal lawyer... oh wells.

I've been reading on the Kansas State Statutes about Express warranties, and it's actually unlawful for them to preclude certain express warranties (such as no shoddy workmanship and delivery of promises).

I'm going to try getting some written statements from some ASE mechanics that a timing belts, water pumps, and thermostats cannot cause oil leaks.
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Old 12-05-2003, 08:26 AM
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I dunno if you even have to go that far.. did you talk to the shop manager about this? if he's giving you grief, ask for his boss. if THEY give you grief, then bring on the big dogs... do everything you can with the shop without getting someone else involved first. it will save you a bunch of headaches down the road.
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Old 12-05-2003, 08:32 AM
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not to mention time and money.
Was this shop part of a chain? or franchise?
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Old 12-05-2003, 04:14 PM
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Originally Posted by HoleyMax
I posted a separate thread about how I had an oil leak. I took my car back to the shop which replaced my timing belt to have them investigate the problem.

I had the timing belt changed on 9/11/2003. The shop has a 6 month or 6,000 mile warranty on all parts and labor. When they re-did the timing belt, they also re-did the camshaft oil seals and the crankshaft oil seal. I made one mistake, and that was where I requested (and paid extra) for a Nissan timing belt.

So, the shop saw the oil leak, and told me that it was related to my timing belt job that they did about 3 months ago.

However, here is my problem. They assert that since I requested a Nissan timing belt, that such a request voided the entire warranty on their parts and labor. They refuse to honor and stand behind the other work that they did (such as replacing the leaking crankshaft seal).

Basically, they claim that my non-normal timing belt is causing the leak. I asked how this was possible; but they just told me to go look it up. It seems that since they would not normally use a Nissan belt, then a request for a Nissan belt is abnormal. And, abnormal belts caues abnormal leaks.

What do you all suggest that I do? I don't want to just get sue-happy, but I have no clue how to properly go about this.

I'd be interested to know the outcome of this...any results yet? Sounds like you went to a Mid@s

some suggestions:

If u decide to record their statement, make sure you tell them that you are recording it...sometimes it would be inadmissible in court if the recording was done without their consent.

Tell them you will report them to the Better Business Bureau AND your local DMV.

Make sure you make a lot of noise about this.

WHY dont u wanna get sue happy? Atleast have a lawyer send them a letter...in the letter, DEMAND the refund of the money you spent on the timing belt job and the seal jobs + the compensation for the loss of use of your car for the number of days AFTER the crappy job and the number of days of persuing litigation and the damage the low level of oil might have caused your engine + they fix the problem since they caused it + any court costs. See how friendly they become after that

If its a chain of shops, send them a letter of complaint at their company headquarters

Dont pay attention to the BS they tell u that the OEM part voided the warranty.

Make sure you let them know you just aint gonna get off their case. good luck!
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Old 12-05-2003, 05:02 PM
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Unfortunately, this is a local shop that I've been to before. A friend recommended me to them about 2 years ago, and they've worked on my car in the past. I don't know why they're being so stubborn about this... I know everyone makes mistakes; I just wish they'd rectify the matter without forcing my hand to do anything involving the courts or reports to the BBB.

I talked to the manager again today and he agreed to have a "look" at it again. He will replace the leaking seal. I need to take my car in next Thursday. I realize he's probably about to give me the run-around, but I hope this turns out well. Unfortunately, he still refuses to say for certain that the service will be done under their warranty.

He insists that a faulty timing belt can cause oil leaks. I may need to get some ASE certified guys to sign off that there is no bloody way that a car that runs can have a timing belt that is causing an oil leak by the crankshaft seal.

Also another unfortunate thing is that the local Nissan shop refuses to help me out. I told them what I was facing (I didn't name names), but they just said that they wanted to keep out of it. They stand behind the timing belt, but since their warranty period for my timing belt has passed; they don't care. They say they will have no input unless I go to them with a claim that a timing belt they sold to me caused an oil leak. Unfortunately, he didn't elaborate on what would hypothetically happen if I made that assertion. In summary, the Nissan dealer has no input. (When I say the dealer, I mean the mechanics and the parts guy)... I didn't ask any sales reps or sales mangagers
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Old 12-06-2003, 04:49 PM
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It is true that warranty is voided if you bring in your own parts for a shop to replace. But the shop should explained that to you.
In your case, the repair was lousy and instead of fixing it for you, they use that excuse to get out of it. We all know that if the timing belt was defective, you would have timing and engine problem, not oil leak.
If the shop manager won't help you, then I guess you will have to fight it in court. You will need 2 or 3 letter from a certify mechanic to back you up.

I read your other post. Since they bought the timing belt from the dealer themself, then it is their responsible to repair your oil leak, EVEN IF THE OIL LEAK IS CAUSE BY THE TIMING BELT!
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Old 12-07-2003, 02:25 PM
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Actually, I had to purchase the timing belt. They didn't want to use any Nissan parts. Based on the importance of this particular issue, I told them that I would go ahead and give them a belt made by Nissan because it made me feel more comfortable. At the time, he did mention that the shop wouldn't honor the longevity of the Nissan belt. However, this was logical since Nissan was responsible for the longevity of their belt. However, I made a comment that I hope this didn't mean they could just use stickum to hold the new belt in - and he said their work was still going to be warranted.

Of course, all this was verbal... I didn't sign any work order with any conditions specified. In hindsight, I've never signed any written agreement ever to preclude any work on my car, so I didn't really think anything of if. My mistake

I actually had to end up ordering the timing belt in since the local deal didn't make a habit of keeping any timing belts in stock. I offered to let the man at the shop see my receipt showing my parts were genuine Nissan, but he declined. To my knowledge - we both understood that the mechanic wasn't responsible if the timing belt suffered a fault caused by a crappy belt. However, it seemed reasonable to both of us that shoddy work was still shoddy work.

The leaking oil crank seal and 2 camshaft seals were supplied by the shop; not from me. Since it is the oil seal (most likely, a poorly seated oil seal) that is leaking - I don't see why they're holding this timing belt issue against me.

All I remember is back in the day when Nismo87 on the old Maxima boards had his VG crap out on him when he put in a $7 timing belt. A neighbor back at home also had his timing belt done at a shop and they used a ghetto timing belt. When his belt snapped, the shop blamed it on a bad valve spring and fandangled their way out of that deal. I wanted Nissan parts, I paid extra for Nissan parts, and now I'm paying for it in a figurative sense because I don't have the tools necessary to do this job in my apartment parking lot
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Old 12-07-2003, 02:30 PM
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Replacing the crankshaft oil seal...

It doesn't look like the timing belt cover or anything major needs to happen to replace the crankshaft oil seal on a VG30E. Am I mistaken? Woudn't this just e a pretty quick job for them to remedy?

It's not like they have to remove the timing belt and re-do everything...
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Old 12-07-2003, 02:34 PM
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It's very "easy"
Pull wheel
remove belt and balancer
replace seal
reassemble
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Old 12-07-2003, 09:05 PM
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Originally Posted by HoleyMax
Actually, I had to purchase the timing belt. They didn't want to use any Nissan parts. Based on the importance of this particular issue, I told them that I would go ahead and give them a belt made by Nissan because it made me feel more comfortable. At the time, he did mention that the shop wouldn't honor the longevity of the Nissan belt. However, this was logical since Nissan was responsible for the longevity of their belt. However, I made a comment that I hope this didn't mean they could just use stickum to hold the new belt in - and he said their work was still going to be warranted.

Of course, all this was verbal... I didn't sign any work order with any conditions specified. In hindsight, I've never signed any written agreement ever to preclude any work on my car, so I didn't really think anything of if. My mistake

I actually had to end up ordering the timing belt in since the local deal didn't make a habit of keeping any timing belts in stock. I offered to let the man at the shop see my receipt showing my parts were genuine Nissan, but he declined. To my knowledge - we both understood that the mechanic wasn't responsible if the timing belt suffered a fault caused by a crappy belt. However, it seemed reasonable to both of us that shoddy work was still shoddy work.

The leaking oil crank seal and 2 camshaft seals were supplied by the shop; not from me. Since it is the oil seal (most likely, a poorly seated oil seal) that is leaking - I don't see why they're holding this timing belt issue against me.

All I remember is back in the day when Nismo87 on the old Maxima boards had his VG crap out on him when he put in a $7 timing belt. A neighbor back at home also had his timing belt done at a shop and they used a ghetto timing belt. When his belt snapped, the shop blamed it on a bad valve spring and fandangled their way out of that deal. I wanted Nissan parts, I paid extra for Nissan parts, and now I'm paying for it in a figurative sense because I don't have the tools necessary to do this job in my apartment parking lot

dude, this is about common sense , NOT about the bloody timing belt...how the hell can a timing belt cause an oil leak?? and an OEM nissan timing belt at that....

its pretty clear, YOUR problem is the oil seals supplied by the shop NOT the timing belt u got on your own from Nisaan...so it makes them responsible. since its their parts thats causing the problem..not the part that you supplied.

Now if they wanna slither out of the repair blaming it on the timing belt (while its their seals thats causing the problem) they are responsible. i think they are just kinda thinking that u will just go away after a little while if they keep turning u away.

a letter from a lawyer will do wonders for you. Since its a local (probably privately owned shop) they cant afford to get into litigation. Play your card man. They wouldnt wanna be paying more back to you than they got for the job now would they?
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Old 12-07-2003, 09:50 PM
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Originally Posted by HoleyMax
Of course, all this was verbal... I didn't sign any work order with any conditions specified. In hindsight, I've never signed any written agreement ever to preclude any work on my car, so I didn't really think anything of if. My mistake
(
If you paid with a credit card - you still have a proof that they did work for you and a slight chance to make 'em fix the oil leak. if you paid cash - replace it yourself or take it to another shop.

No paperwork ... BIG MISTAKE
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Old 12-07-2003, 10:40 PM
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Originally Posted by HoleyMax
It doesn't look like the timing belt cover or anything major needs to happen to replace the crankshaft oil seal on a VG30E. Am I mistaken? Woudn't this just e a pretty quick job for them to remedy?

It's not like they have to remove the timing belt and re-do everything...

Uhhh, no.. on the VG, they DO have to remove everything. the crank seal is behind the pulley/gear on the timing belt. the belt must be removed to get to it.
that's why they're trying to weasel their way out of it. more than likely, they didn't even bother replacing it.

on the VE, it's simple- just remove the crank pulley and the seal is right there.... but not on the VG. nightmare to change it.
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Old 12-08-2003, 07:14 AM
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Oh, I didn't mean that I have no proof of payment - I just have no formal contract of what work should have been done with what conditions. I do have a receipt of payment and a detail of what work was done:

The receipt basically says:

"(6) Timing Belt & Water pump replacement"
and
"Cam seals x2 Oil seal"
and
"Payment: check $*****""

I was just thinking that I should have drafted a quick thing on paper detailing what work was to be done and what remained to be warranted under the shop's policy.




Originally Posted by rrrfoma
If you paid with a credit card - you still have a proof that they did work for you and a slight chance to make 'em fix the oil leak. if you paid cash - replace it yourself or take it to another shop.

No paperwork ... BIG MISTAKE
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Old 12-08-2003, 07:16 AM
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Damn

Do you think it be necessary to get another new timing belt when the seal is replaced?

I know some belts don't like to be tightened, loosened, re-tightened... additionally if any oil were to get up under that timing belt cover and were to get on the belt, could that cause problems too?





Originally Posted by Matt93SE
Uhhh, no.. on the VG, they DO have to remove everything. the crank seal is behind the pulley/gear on the timing belt. the belt must be removed to get to it.
that's why they're trying to weasel their way out of it. more than likely, they didn't even bother replacing it.

on the VE, it's simple- just remove the crank pulley and the seal is right there.... but not on the VG. nightmare to change it.
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Old 12-11-2003, 03:42 PM
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Well, I guess this problem was "resolved" to a good end... but it wasn't perfect.

The shop ended up replacing the crank seal at their expense. However, they refused to do this repair unless I also had the Oil Pressure Switch replaced. Evidently, they think the switch was leaking and "contributing" to the problem.

Yes, I know the oil switch is on the opposite side of the engine, and yes, I know it is all B.S. but i figured paying $30 to just get this crap over with was worth it. They tell me about the oil switch only after they've basically got my car and everything taken apart, and it sounded like it would become a big argument over whether I owed them anything for "finding" something wrong with the oil pressure switch.

Man, I don't see why people need to make matters more difficult and frustrating than necessary. They basically replaced a crank-seal for $30 today. I don't think they deserved a damn red cent, but using the law and courts ends up costing in time and manhours.

So, moral of my story... shops are scandalous and the next time, I'm taking a digital camrea, voice recorder, laptop, and pocket printer to wherever I take my car.

Hmmm, maybe I ought to just start taking the bus.
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Old 12-11-2003, 03:46 PM
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Ah did they redo the belt? There's probably oil all over it
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Old 12-11-2003, 03:52 PM
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congrats!

FYI, any small shop is privately owned by a person who works in it himself. they will do anything to make you pay more (even if an owner is the person whom you know well ... especially when you know him well)

BTW, great idea (just make it a bike at summer time):
Originally Posted by HoleyMax
Hmmm, maybe I ought to just start taking the bus.
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Old 12-11-2003, 05:18 PM
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Originally Posted by Jeff92se
Ah did they redo the belt? There's probably oil all over it
Oil on which belt?
The timing belt is supposed to have oil on it.
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Old 12-11-2003, 06:49 PM
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i think the timing belt on a VG is soposed to stay dry but the timing chain like whats in your VE is soposed to have oil on it
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Old 12-11-2003, 07:07 PM
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You sure?
Most timing belts are oil bath, Hence the reason why they are behind the front seal
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Old 12-11-2003, 08:22 PM
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Originally Posted by subs1000w
i think the timing belt on a VG is soposed to stay dry but the timing chain like whats in your VE is soposed to have oil on it
yup the chain has LOTZA oil on it.
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Old 12-11-2003, 09:49 PM
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Originally Posted by Jeff92se
Ah did they redo the belt? There's probably oil all over it
I asked them to install me a new belt, but they said no. And I'll be damned if I get into the circular pattern of giving him a new Nissan belt only to have a leaking oil seal only to have them say my belt caused it.

Plus, it took 2 weeks for me to get the first belt in at the dealership. We need more Courtesy Nissans in the US

Yeah, there's pretty much oil on everything... the alternator got covered, and there's even a swatch of oil on the underside of my hood where the accessory belts line up. The under-side of the timing belt cover was oil stained too. To be honest, I've never taken that cover off myself, so I don't know how much crud / oily sludge is supposed to be behind it.

I just hope the Nissan belt was designed to get a bit dirty .
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