2k2 Engine died - not warranteed *PICS
10-15-2003, 02:53 PM
#121
Originally Posted by IceY2K1
Your honor, we have documented service receipts that show this cars' intake had been removed and reinstalled prior to the warranty claim, thus causing the TB to fail. You think the judge would know the difference?
Exactly. Not their problem...it's his, which has now turned into a cluster *** with another engine being installed. So he's lost the ability to disprove the ORIGINAL dealers' statement that it's NOT a factory defect. He's NOW introduced too many variables to definitively prove the TB was a defect and caused the failure after the fact. He's now depending on others SCARCE evidence that there are other VQ35s out there that have failed the same.
Just getting warmed up.
Just getting warmed up.
10-15-2003, 03:00 PM
#124
Originally Posted by Jeff92se
Yes, any judge that's not a complete moron would say that has no effect as real or not.
The only clusterfawk is your reasoning. Again, the new engine as no bearing. Repeat and rinse. He hasn't introduced JACK SQUIDDLY DIDDLY.
10-15-2003, 03:04 PM
#125
Holy crap. Forget it! You're contradicting yourself into bizzaro world. Even in the above case, you have one with a judge and one with Nissan. IT WON'T BE LIKE THAT. Either one or the other. Man you either don't make sense or you make things up.
10-15-2003, 03:06 PM
#126
Thank you very much
Originally Posted by hotrod37
Since they never stated that they noticed any tampering when they disassebbled the motor they can't go back now and say that he caused the problem since there is no evidence that he had ever taken apart the intake or throttle body on the car. They admit that the engine failure wase caused by the metal debris they gave him in the bag. The also told him that the motor is all alum (nice try). The only thing he has to be able prove is that those peices came from his car and the only way to prove it is to have it analyzed and have a new pin (if that is the suspect part) analyzed as well. This would be proof positive that the metal debris is the same stuff.
carl
carl
10-15-2003, 03:08 PM
#127
ASSuming Nissan is going to logically handle this is just as far fetched.
FACT: SmokinOdums' BEST scenario for the least hassle and a new engine w/warranty is to put the engine BACK, so the Nissan RR will simply say, oops you're right and he can avoid litigation.
That is my point. The rest is afternoon boredom.
FACT: SmokinOdums' BEST scenario for the least hassle and a new engine w/warranty is to put the engine BACK, so the Nissan RR will simply say, oops you're right and he can avoid litigation.
That is my point. The rest is afternoon boredom.
Originally Posted by Jeff92se
Holy crap. Forget it! You're contradicting yourself into bizzaro world. Even in the above case, you have one with a judge and one with Nissan. IT WON'T BE LIKE THAT. Either one or the other. Man you either don't make sense or you make things up.
10-15-2003, 03:11 PM
#129
Who in the hell is gonna replace a pefectly working engine with a busted up one to prove a point that has absolutely no bearing on that part of the situation????? You would do that?? You have got to be kidding me
Originally Posted by IceY2K1
ASSuming Nissan is going to logically handle this is just as far fetched.
FACT: SmokinOdums' BEST scenario for the least hassle and a new engine w/warranty is to put the engine BACK, so the Nissan RR will simply say, oops you're right and he can avoid litigation.
That is my point. The rest is afternoon boredom.
FACT: SmokinOdums' BEST scenario for the least hassle and a new engine w/warranty is to put the engine BACK, so the Nissan RR will simply say, oops you're right and he can avoid litigation.
That is my point. The rest is afternoon boredom.
10-15-2003, 03:12 PM
#130
Guest
Posts: n/a
Get a room you two, we're going on the 3rd page of you guys going back and forth. 
10-15-2003, 03:12 PM
#132
Yes, I would to avoid ANY possibility they use it against me.
Every time I go to the dealer I remove ALL mods. No chances taken.
Every time I go to the dealer I remove ALL mods. No chances taken.
Originally Posted by Jeff92se
Who in the hell is gonna replace a pefectly working engine with a busted up one to prove a point that has absolutely no bearing on that part of the situation????? You would do that?? You have got to be kidding me
10-15-2003, 03:14 PM
#133
Que? I don't think so.
Just because they didn't bother to check his prior service record notes has NOTHING to do with their "conclusion" at the time and is perfectly understandable for a business servicing numerous cars.
Just because they didn't bother to check his prior service record notes has NOTHING to do with their "conclusion" at the time and is perfectly understandable for a business servicing numerous cars.
Originally Posted by Jeff92se
Yep tooo bad Icy. Too bad that makes it not usable in court too.
10-15-2003, 03:15 PM
#134
Too bad it wouldn't make a damn bit of difference in this case. But go ahead and replace that motor ICY. Not to mention is too damned late for that now anyway.
Originally Posted by IceY2K1
Yes, I would to avoid ANY possibility they use it against me.
Every time I go to the dealer I remove ALL mods. No chances taken.
Every time I go to the dealer I remove ALL mods. No chances taken.
10-15-2003, 03:16 PM
#135
WTF was the cause ICY?? Your speculation or what the DEALER ACTUALLY SUBMITTED TO HIM?? Holy cripes Icy, I'm outa here!
Originally Posted by IceY2K1
Que? I don't think so.
Just because they didn't bother to check his prior service record notes has NOTHING to do with their "conclusion" at the time and is perfectly understandable for a business servicing numerous cars.
Just because they didn't bother to check his prior service record notes has NOTHING to do with their "conclusion" at the time and is perfectly understandable for a business servicing numerous cars.
10-15-2003, 03:17 PM
#136
It's not too late UNLESS they've seen the junkyard engine in the car.
If they noted the intake, yes it's perfectly admissible in court and DEFINITELY too late.
If they noted the intake, yes it's perfectly admissible in court and DEFINITELY too late.
Originally Posted by Jeff92se
Too bad it wouldn't make a damn bit of difference in this case. But go ahead and replace that motor ICY. Not to mention is too damned late for that now anyway.
10-15-2003, 03:19 PM
#137
Having an aftermarket intake cause ABNORMAL unintended vibration of the throttle-body, which resulted in the butterfly screw coming loose and being injested by the engine.
Originally Posted by Jeff92se
WTF was the cause ICY?? Your speculation or what the DEALER ACTUALLY SUBMITTED TO HIM?? Holy cripes Icy, I'm outa here!
10-15-2003, 03:19 PM
#138
Originally Posted by IceY2K1
It's not too late UNLESS they've seen the junkyard engine in the car.
If they noted the intake, yes it's perfectly admissible in court and DEFINITELY too late.
10-15-2003, 03:20 PM
#139
DID THEY SAY THAT?????NNNNNNOOOOOO THEY DIDN'T!!!!!!!!!!!
Originally Posted by IceY2K1
Having an aftermarket intake cause ABNORMAL uninteded vibration of the throttle-body, which resulted in the butterfly screw coming loose and being injested by the engine.
10-15-2003, 03:21 PM
#141
Originally Posted by Jeff92se
MAKES NO FAWKING DIFFERENCE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!
THEY ALREADY SAW THE FAWKING INTAKE!!! WTF DOES THAT HAVE TO DO WITH ANYTHING???? NNNNNOOOOOTTTTHHHHIIIIINNNNGGGGGGGGG
10-15-2003, 03:52 PM
#149
Your honor, we disassembled the engine to discover metal shards that were unrecognizable and determined not to be internal engine parts and thus not covered as a factory defect under the warranty. The customer was told we'd replace the engine for $XXXX, however he refused and the car was released to him upon his consent that the warranty was no longer valid with the receipt of $800 for labor. Later, we received complaints from the customer that the TB screw was missing and that this was the cause of the damage. We graciously offered to tow the car in at our expense and determine the root cause. Upon immediate delivery of the car in question, we found a different engine was installed. We no longer have the ability to determine if the screw was a factory defect. Also, according to our documented records from a DIFFERENT service department, we've discovered the factory designed intake was removed and an aftermarket one was installed. According, to our experts, the aftermarket intake was designed for "Off-road Use Only" and was inadequately designed to remove the shock and vibration attributed to normal vehicle operation. This abnormal punishment forced the throttle-body screw to break free and become injested by the engine.
We feel that this is evidence enough that there is reasonable doubt that a manufacturer defect was to blame.
Gosh I'm bored!
We feel that this is evidence enough that there is reasonable doubt that a manufacturer defect was to blame.
Gosh I'm bored!
10-15-2003, 04:28 PM
#151
Banned
Join Date: Jul 2002
Posts: 1,281
i always wanted to see 2 moderators feud.
10-15-2003, 05:54 PM
#152
Supporting Maxima.org Member
Join Date: May 2002
Location: Atlanta
Posts: 1,815
Ice if he pulls the motor and puts the junker back in then takes it in and they still feed him cow pies for lunch and this ends up going to court he's F'ed.
If the Nissan suits find out about the swap he won't stand a chance. If he perjures himself and gets caught in the lie not only will he be shown as deceitful and loose the case he may be looking at jail time.
Doing the swap in this case kind of puts him in a catch22. His best bet is to put the trashed one on a pallet and deliver it to Courtesy and start showing the evidence. Then if it goes to court he won't be lying about anything and will most likely be much more convincing because he won’t be worried about what they know or don't know.
I mean look at the Kobe case, if the hoe was really raped by him his high dollar lawyer may very well get him off. Nissan won't have to throw anywhere near that much money at this case. It's also highly unlikely this will even get that far but if he takes it there he's better off prepared.
If the Nissan suits find out about the swap he won't stand a chance. If he perjures himself and gets caught in the lie not only will he be shown as deceitful and loose the case he may be looking at jail time.
Doing the swap in this case kind of puts him in a catch22. His best bet is to put the trashed one on a pallet and deliver it to Courtesy and start showing the evidence. Then if it goes to court he won't be lying about anything and will most likely be much more convincing because he won’t be worried about what they know or don't know.
I mean look at the Kobe case, if the hoe was really raped by him his high dollar lawyer may very well get him off. Nissan won't have to throw anywhere near that much money at this case. It's also highly unlikely this will even get that far but if he takes it there he's better off prepared.
10-15-2003, 07:32 PM
#153
VQPowerSE - That isn't a "feud", it's called foreplay.
maximaman777 - VERY very true, but in this case I would take my chances on them NOT finding out about the swap. If they figure it out, I'd fess up and play Jeffs idea. I was ASSuming they wouldn't care/notice it had been removed/installed, but they might be able to tell.
maximaman777 - VERY very true, but in this case I would take my chances on them NOT finding out about the swap. If they figure it out, I'd fess up and play Jeffs idea. I was ASSuming they wouldn't care/notice it had been removed/installed, but they might be able to tell.
You call that "a lot"?
10-16-2003, 04:04 AM
#157
Great entertainment.......Took a little time off my work day! After careful consideration and respect to both parties, i will have to declare Jeff the winner.
There is nothing like getting caught up in a lie. If that happened, all credibility would be lost.
There is nothing like getting caught up in a lie. If that happened, all credibility would be lost.
10-16-2003, 06:14 AM
#160
Senior Member
Join Date: Jun 2001
Posts: 312
Holy ****! I left work yesterday with only 3 pages on this thread. I get to work this morning and were at 6. I Cant wait to see what we are at by the end of the day