Nissan to replace transmission after dispute
Nissan to replace transmission after dispute
Four weeks ago my transmission failed. I had it towed to the local dealership where they challenged my service history. It has 17k miles on it and oil was changed every 3k after the first one at 1k (6 total changes). I had the oil changes done at a local gas station. At the 15k mark they showed me my transmission fluid on a white pallet. It looked a little dirty so I had them flush and install the Nissan matic-k which they stocked. They also added a conditioner at no charge, but it showed on the service paperwork. The Nissan dealership stated that the conditioner was the cause of my problems and it voided my warranty. I went back to the place that put this in and complained that they damaged my transmission and voided my warranty. They had a sample of the fluid out of my car sent to a lab to be analyzed. The lab also analyzed new matic-k fluid as a reference. The results showed no significant differences between the sample and the reference fluids except for a high level of silicon in the sample from my car. The lab explained it as a possible failed gasket or seal inside the transmission. The conditioner manufacturer added that it is wrong for Nissan to dispute the warranty because of the "Magnusson-Moss Act" which describes warranties should not have tie-in sales provisions. I went back to the dealer with this explanation and the lab results but they refused to accept it and recommended I talk with Nissan Corporate. After 10 days of Nissan Corporate reviewing the case they decided to replace the transmission under warranty. I'm still not sure why a conditioner was added if doesn't change the chemical makeup of the transmission fluid (probably snake-oil), but I am finally relieved after four weeks of not having my Maxima. I get it back this Thursday with a new transmission. I'm curious if there are any others who had a failed 5-sp AT fail around the 15k mile mark? I'm also curious if anyone else has heard of this "Magnusson-Moss Act" and why car manufacturers would blatantly violate the tie-in sales provision by requiring only their fluid be used?
When I was buying my Maxima the finance guy tried to sell me a service contract by stating that if my service wasn't done by Nissan it would void the warranty. I told him that was complete crap. Just keep all invoices for service work you have done with your car. That way if they try to give you a bad time you can pull it all out and show them you followed their stupid service schedule.
Tranny's suck
I hate transmissions ... each of the other 2 cars i've owned both had to have transmissions replaced. One was an Altima and the other was a Passat. However, neither of them ever challenged me. Sorry you had to go through that and I hope your new tranny is better!!
service intervals
You don't even have to follow Nissans "recommendation" for oil changes. You can go to longer oil changes if say you are using Synthetic oil. I use Amsoil which has a 25K change interval even though I do it at 12K. Nissan can't challenge this do the act indicated above. Amsoil also stands behind their product if the engine should fail due to their product they will replace it free of charge.
This also would go for their transmission fluid.
Having said that Nissan is going to make it as hard as possible to get this type of warranty repair since the repair basically wipes out any profit they ever made on the car.
I'm glad it worked out for you.
This also would go for their transmission fluid.
Having said that Nissan is going to make it as hard as possible to get this type of warranty repair since the repair basically wipes out any profit they ever made on the car.
I'm glad it worked out for you.
I'm really surprised that they gave you a hard time considering your car only has 17 K miles on it. That's low mileage for a 2004. That's about 24 k kms. The manual states that the transmission must be serviced at an interval of 48 k Kms or double your mileage. I think that you should change dealerships. That is plain stupid, I fail to see how regular oil changes can affect the warranty on a tranny. My 4 speed 2004 Maxima had a bad tranny that died after 15 k KM.s or about 9 K miles! I was replaced no questions asked! Although eventually they replaced my entire car 4 months later to a brand new 2005 SE (fully equiped ). I now have 15 k Miles or about 21 k kMs and so far so good! Just a fluke I would guess! Better luck with the new one!
Well, I hope that your new tranny works out for you. I would have been extremely pissed and would have wanted a rental for the 4 weeks. I have almost 30K on the car and I've had no problems with the tranny yet....*Knock on wood*. Hopefully, it'll last!
I rented the cheapest car they had not knowing who was going to pay for what. Nissan said they will reimburse, but that only happened after they admitted fault. The good news is that I put nearly 2k miles on the little Kia rental and the mileage was close to 40 miles/gallon. The car was so cheap it had manual windows. It was so small I could open and close all four door windows while driving. It did have AC if you don't mind losing a third of the car's available power. It felt like driving a beer can on wheels. I can't wait 'til I get the Maxima back. I'll have to be carefull because I got use to punching the pedal all the time in the Kia.
let me see in writing were Nissan gave you permission to extend your intervals.
I talk to my service dept. and they said even with the New Mobil1 15k extended performance Syn which is warrantied by Mobil the warranty will be void for going over 3750.
Now, you could keep lab samples to prove them wrond, but you will likely lose.
Nissan is trying to break the act by saying their transmission is designed for their fluid. You will need a good lawyer to win your case if you use something else.
I talk to my service dept. and they said even with the New Mobil1 15k extended performance Syn which is warrantied by Mobil the warranty will be void for going over 3750.
Now, you could keep lab samples to prove them wrond, but you will likely lose.
Nissan is trying to break the act by saying their transmission is designed for their fluid. You will need a good lawyer to win your case if you use something else.
Originally Posted by Playadave
You don't even have to follow Nissans "recommendation" for oil changes. You can go to longer oil changes if say you are using Synthetic oil. I use Amsoil which has a 25K change interval even though I do it at 12K. Nissan can't challenge this do the act indicated above. Amsoil also stands behind their product if the engine should fail due to their product they will replace it free of charge.
This also would go for their transmission fluid.
Having said that Nissan is going to make it as hard as possible to get this type of warranty repair since the repair basically wipes out any profit they ever made on the car.
I'm glad it worked out for you.
This also would go for their transmission fluid.
Having said that Nissan is going to make it as hard as possible to get this type of warranty repair since the repair basically wipes out any profit they ever made on the car.
I'm glad it worked out for you.
I personally use dino oil and believe getting fresh oil in there every 3500 miles is the best plan...Mobil 1 might be the best if you are running extremely high RPM's alot or putting the vehicle under greater than usual stress. The real reason I dont care anymore is because I used to put Mobil 1 in my old car, exclusively...and I still experienced engine failure on my motor.
let me see in writing were Nissan gave you permission to extend your intervals.
" Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty." (Taken from http://www.ftc.gov/bcp/conline/pubs/...#Magnuson-Moss )
The word "Generally" is used because of the last paragraph of that section:Although tie-in sales provisions generally are not allowed, you can include such a provision in your warranty if you can demonstrate to the satisfaction of the FTC that your product will not work properly without a specified item or service. If you believe that this is the case, you should contact the warranty staff of the FTC's Bureau of Consumer Protection for information on how to apply for a waiver of the tie-in sales prohibition.
Nissan never showed me the "waiver" received from the FTC, but they are replacing my transmission at no cost.
I know all about the Act. It's purpose is so Nissan (and others) cannot say you can only buy from this manufacturer. But they tried their hardest to make the tranny oil the biggest gray area possible. The oil is designed with and for this tranny. You did exactly what it would take to get your warranty work. but who all will go through all that? Not many. And it is hard to prove Generic-Matic X is the same as Matic-K.
I just didn't want the myth about intervals vs. warranty to get mixed with the product vs. warranty. they can't tell you which product to use, but can tell you how often to use it.
I just didn't want the myth about intervals vs. warranty to get mixed with the product vs. warranty. they can't tell you which product to use, but can tell you how often to use it.
Originally Posted by NismoMax80
I talk to my service dept. and they said even with the New Mobil1 15k extended performance Syn which is warrantied by Mobil the warranty will be void for going over 3750.
In my manual that came with the car two service intervals were given. One was at 3750, but the other was (I think...don't have it one me) double that at 7500. I know that driving conditions come into play here, but I'm fairly sure that it would be hard to prove that you drove through dusty roads and let the car idle for hours on end to require interval one (3750) instead of the longer interval two.
Originally Posted by darrinps
Then someone is misleading someone.
In my manual that came with the car two service intervals were given. One was at 3750, but the other was (I think...don't have it one me) double that at 7500. I know that driving conditions come into play here, but I'm fairly sure that it would be hard to prove that you drove through dusty roads and let the car idle for hours on end to require interval one (3750) instead of the longer interval two.
In my manual that came with the car two service intervals were given. One was at 3750, but the other was (I think...don't have it one me) double that at 7500. I know that driving conditions come into play here, but I'm fairly sure that it would be hard to prove that you drove through dusty roads and let the car idle for hours on end to require interval one (3750) instead of the longer interval two.
But the gamble lies in the slim possibility something goes wrong while under warranty. If I'm honest and show my records of 7500 or even 10k intervals and filter changes widway, will a thorough diagnostic of my motor prove them wrong about interval requirements?
My beliefs are that in the long hard battle, I will win. But do I want that war?
BTW, a lot of facts and opinions on the whole interval discussion is bountiful in the Lubrication Forum, which is where this thread may likely end up. Although this thread is focused on warranty, the answers may be found there. Would be nice for someone to know for certain of a product comparable to Matic-K b/c that juice is $$$$$$$.
Before this gets moved anywhere, I would still like to know if anyone has heard of the Maxima 5sp AT failing? My assumption at this point (mostly because of lack of information during my research as well as the silence so far) is that I happened to get a bad one and that it is not a design issue in general but a manufacturing defect.
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You are going to appreciate the maxima that much more when you get it back. Best of luck.
