Mazda Denies Engine Replacement
#101
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The warranty manual states that your warranty can be voided for racing, towing, or misuse and abuse. Racing is defined as a timed event, typically were one person is crowned a winner. Many variations to the definition but the concept is the same, more than one car and a timed event. Autocross can be classified as racing if it is timed. HPDE’s on the other hand are not timed and there is no winner so this can not be classified as racing. This is why I stick to HPDE’s, you just never know. As for the misuse and abuse part, this is were it gets tricky, but I doubt they can say your misusing a sports car by taking it on a track. I hope you resolve the situation, you should consult an attorney. Many will take the case if they think they can win and will only charge you 1/3 of the winnings. If you lose you don’t pay them much. My friend did this in NY for an accident. Ask around, who knows once Mazda realizes that you are pursuing with a lawyer they may cave in. It’s probably cheaper for them to replace your engine than pay the costs of a lawsuit even if they win. Good luck
#103
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Originally Posted by Galen Darkmoon
LMAO what lawsuit? he has no evidence of maintaing his car. Case is closed he will learn. Wait till ya try a divorce.
#104
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Originally Posted by AlexCisneros
It might, but having registered the car's VIN with Mazdaspeed would have done so sooner.
Again, if this was a singular event and there were NO OTHER cars having this problem. It would be a moot point. This is not the case.
...and if you really want to go there, an SCCA Solo event is barely considered a race. MetLife doesn't even risk you for life insurnce if you do "Sanctioned SCCA Solo events", most forms of car insurance still insure your car at these events, The Solo Rule book says that cars should not normally exceed 65 MPH, and don't even let me start with the Mazda Zoom-Zoom Autocross events. All the more reason as to why this car was kept in immaculate condition.
Again, there are people who have and have not raced, abused, kept service up to date, driven hard, drifted, etc this car and have had their engines replaced under warranty for symptoms similar to mine. And what they are latching on to is that I failed to change my oil?
Again, if this was a singular event and there were NO OTHER cars having this problem. It would be a moot point. This is not the case.
...and if you really want to go there, an SCCA Solo event is barely considered a race. MetLife doesn't even risk you for life insurnce if you do "Sanctioned SCCA Solo events", most forms of car insurance still insure your car at these events, The Solo Rule book says that cars should not normally exceed 65 MPH, and don't even let me start with the Mazda Zoom-Zoom Autocross events. All the more reason as to why this car was kept in immaculate condition.
Again, there are people who have and have not raced, abused, kept service up to date, driven hard, drifted, etc this car and have had their engines replaced under warranty for symptoms similar to mine. And what they are latching on to is that I failed to change my oil?
#105
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LMAO what lawsuit? he has no evidence of maintaing his car. Case is closed he will learn. Wait till ya try a divorce.
With a judge seeing broken engines and no proof care wasn't taken, I may have a lawsuit with a little less humor than what comes out of your rear. I'd rather not go that route. I just want them to honor the warranty like they have done with so many others.
#106
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Originally Posted by r0tor
Your beloved Moss-Magnuson act defends your right to use an aftermarket parts supplier instead of OEM and not void your warranty. Last time I checked his engine replacement was not being denied under warranty because he has an AEM CAI.
The act has absolutely no bearing on you OEM warranty regarding the end user breaching the contract by not keeping maintenance records. Its clear as day they want mileage written down and receipts. Nothing beyond that needs "proving". There is no "burden of proof" (the great Moss-Magnuson Act phrase) needed for Mazda refusing warranty coverage when maintenance documents were asked for and could not be furnished - automatically breaching the conditions of your warranty.
The act has absolutely no bearing on you OEM warranty regarding the end user breaching the contract by not keeping maintenance records. Its clear as day they want mileage written down and receipts. Nothing beyond that needs "proving". There is no "burden of proof" (the great Moss-Magnuson Act phrase) needed for Mazda refusing warranty coverage when maintenance documents were asked for and could not be furnished - automatically breaching the conditions of your warranty.
#107
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Originally Posted by devildog1679
Didn't he say he had proof of buying some oil filters. Can't remember if I read that or not. Regardless, if he can get a lawyer to take his case only to get paid if he wins then why nto do it. Nothing to lose but some time. Plus I think a lawyer will know about this than any of us. If he takes the case he obviously thinks he could win. I agree this is a lesson to be learned. I actually got my bottle sof royal purple in to change my tranny and diff fluid. Those receipts are being put in a safe place.
The rest were done at Dynamic Turbo and they also don't have record. The last time I bought oil was at Murrays and I haven't asked yet, but out of ~17 or so oil and filter purchases I'd say 90% came from Dynamic Turbo. It's their lift I would use to change the oil. They have since sold their location, lifts, etc. and are strictly mail order now with different record keeping systems, hence the recent purchase of oil from Murray's and oil filter from Mazda.
My only shot there is if they find hard copy receipts from their move.
:edit: come to think of it was way more than 17 as I would need to constantly add more between oil changes.
#109
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Originally Posted by AlexCisneros
The most recent oil filter I bought was at Potamkin Mazda where I dropped off the car. They said they don't keep records for the parts I buy.
The rest were done at Dynamic Turbo and they also don't have record. The last time I bought oil was at Murrays and I haven't asked yet, but out of ~17 or so oil and filter purchases I'd say 90% came from Dynamic Turbo. It's their lift I would use to change the oil. They have since sold their location, lifts, etc. and are strictly mail order now with different record keeping systems, hence the recent purchase of oil from Murray's and oil filter from Mazda.
My only shot there is if they find hard copy receipts from their move.
:edit: come to think of it was way more than 17 as I would need to constantly add more between oil changes.
The rest were done at Dynamic Turbo and they also don't have record. The last time I bought oil was at Murrays and I haven't asked yet, but out of ~17 or so oil and filter purchases I'd say 90% came from Dynamic Turbo. It's their lift I would use to change the oil. They have since sold their location, lifts, etc. and are strictly mail order now with different record keeping systems, hence the recent purchase of oil from Murray's and oil filter from Mazda.
My only shot there is if they find hard copy receipts from their move.
:edit: come to think of it was way more than 17 as I would need to constantly add more between oil changes.
#110
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Originally Posted by AlexCisneros
They also warned me not to escalate this as anyone who can see the car would know it was being raced. When I asked why that was (as if it mattered) they stated "it has a racing harness, light weight wheels, and drifter tires".
How do you dispose of the oil? Some places make you sign a form; if that was the case, that could be your proof.
If their claim is that the engine was run without sufficient oil, then oil changes in and of themselves are still not dispositive. In which case the lack of receipts is not relevant. The engine is designed to run out of oil between changes. I don't see how receipts are going to prove that you topped off the oil in between changes. And I don't think anyone expects an entry in a maintenance log for oil top-offs.
#111
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Update
Update!
I received a call today from the regional manager. He apologized for any inconvenience and informed me that the engine would be replaced under warranty.
I have faith in Mazda again, not so much in the dealer... but I can go to another
I received a call today from the regional manager. He apologized for any inconvenience and informed me that the engine would be replaced under warranty.
I have faith in Mazda again, not so much in the dealer... but I can go to another
#115
Purveyor of fine bass
congrats that things are turning out OK!
lesson learned anyway: keep those receipts and keep a little logbook
I keep an Excel spreadsheet for all major and minor maintenance (even when I check tire pressures and add oil)
lesson learned anyway: keep those receipts and keep a little logbook
I keep an Excel spreadsheet for all major and minor maintenance (even when I check tire pressures and add oil)
#116
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Originally Posted by mac11
If they are not doing things under the emissions recal then your car is treated as a single case not a part of the group of cars that may be effected.
#117
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Originally Posted by AlexCisneros
Update!
I received a call today from the regional manager. He apologized for any inconvenience and informed me that the engine would be replaced under warranty.
I have faith in Mazda again, not so much in the dealer... but I can go to another
I received a call today from the regional manager. He apologized for any inconvenience and informed me that the engine would be replaced under warranty.
I have faith in Mazda again, not so much in the dealer... but I can go to another
sounds like you should have faith in the dealership. its not their fault. they were only doing what they had to do to protect their ***. when the regional rep said he wasn't going to pay them under warranty coverage the dealership isnt going to do the work and pay for it out of their own pocket.
congrats on the resolution to your problem.
#118
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Originally Posted by mac11
sounds like you should have faith in the dealership. its not their fault. they were only doing what they had to do to protect their ***. when the regional rep said he wasn't going to pay them under warranty coverage the dealership isnt going to do the work and pay for it out of their own pocket.
congrats on the resolution to your problem.
congrats on the resolution to your problem.
#119
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Congratulations , glad everything turned out OK. Definitely need to see another dealer going forward not so much because of the whole oil deal but because of their idiotic comment about racing due to harness, wheels etc.. Score one for owners.
#120
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Originally Posted by mac11
sounds like you should have faith in the dealership. its not their fault. they were only doing what they had to do to protect their ***. when the regional rep said he wasn't going to pay them under warranty coverage the dealership isnt going to do the work and pay for it out of their own pocket.
congrats on the resolution to your problem.
congrats on the resolution to your problem.
#121
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I would say the dealer was the issue here. They represent your claim to Mazda.
I would also say the noise you made on this forum may have helped. Presenting a clear and reasonable case didn't hurt.
Would be nice to know what really happened though.
Congrats on the warranty repair! Mazda has to take care of the legitimate enthusiasts. That is the business model they are selling.
I may keep a few receipts in the future though.
I would also say the noise you made on this forum may have helped. Presenting a clear and reasonable case didn't hurt.
Would be nice to know what really happened though.
Congrats on the warranty repair! Mazda has to take care of the legitimate enthusiasts. That is the business model they are selling.
I may keep a few receipts in the future though.
Last edited by jeffe19007; 05-04-2007 at 06:31 PM.