Nissan 370Z Forum - View Single Post - Nissan Consumer Affairs Oil Cooler Response

Cypress · 06-06-2009, 12:17 AM

Is anyone here an attorney? I am not, but I have experience with the legal aspects of warranty and class action suits.

Some food for thought:

1. Some folks are quoting a Wikipedia reference. Just consider that this reference could be directed toward parts that support original form, fit, function or specification and not apply to add-on modifications.

2. Adding an oil cooler will alter the original form, fit, function or specification of the original product. I would submit that Nissan could deny warranty claims on the grounds of "customer induced damage" due to altering the original product design and specification (notwithstanding that everyone "thinks" that adding an oil cooler is "better" for the car). If adding an oil cooler is better for the car, why are you having a warranty event? Your car should not be broken.

3. What exactly would be the grounds for the suit? That Nissan would not honor a warranty service event? Some of you went down the path that either Nissan needs to prove or the class needs to prove one way or another that adding the oil cooler did or did not induce the failure. As the basis for the suite has a failure yet occurred or are you wanting to sue to have the right to warranty service after you modified their original design should you need such warranty service?

I suggest that Nissan could simply say, the user altered the design and subsequently voided the warranty (regardless of proof that the oil cooler damaged the car or not).

Guys, I'm a 370Z owner, so I am on your side. I am just suggesting that if you go down the path of a class action that you make it real clear what you want to sue for and think through if that request even makes sense.

IMHO, if you were to pursue this path, you should sue for the right to warranty service if you installed an oil cooler. Now you have to be fair to Nissan. It would have to be some oil cooler part and installation that they can certify was done correctly (i.e their dealer and their installation). You just can't have your local mechanic or you slap in some home made parts and call it an oil cooler and demand that the vehicle should stil be under warranty. Also, think through the chronology. You can not sue for something that has not happened yet. i.e. If no one was denies warranty service after installing an oil cooler, then the suit has no merit. Meaning, you have not yet been damaged. You would first have to install the oil cooler, then try to get warranty service and then be denied for the service. At this point, you have a case that you were damaged.

If you are suing to get a free oil cooler because the car was sold to "Enthusiasts" and it gets hot, I don't think that will have merit. Again, in this case, how have you been damaged given the published specifications of the product you bought.

So think about what you want to sue for and make sure it has merit. Typically, the party will need to prove that damage was done.

Anyway, like I said in the beginning, I am NOT an attorney. I am one of you guys so no flames please. I am just trying to help sort out the various thoughts.

06-06-2009, 12:17 AM	#71 (permalink)
Cypress Base Member Join Date: May 2009 Location: Cypress, TX Posts: 49 Drives: 370Z Touring Sport Rep Power: 16	Is anyone here an attorney? I am not, but I have experience with the legal aspects of warranty and class action suits. Some food for thought: 1. Some folks are quoting a Wikipedia reference. Just consider that this reference could be directed toward parts that support original form, fit, function or specification and not apply to add-on modifications. 2. Adding an oil cooler will alter the original form, fit, function or specification of the original product. I would submit that Nissan could deny warranty claims on the grounds of "customer induced damage" due to altering the original product design and specification (notwithstanding that everyone "thinks" that adding an oil cooler is "better" for the car). If adding an oil cooler is better for the car, why are you having a warranty event? Your car should not be broken. 3. What exactly would be the grounds for the suit? That Nissan would not honor a warranty service event? Some of you went down the path that either Nissan needs to prove or the class needs to prove one way or another that adding the oil cooler did or did not induce the failure. As the basis for the suite has a failure yet occurred or are you wanting to sue to have the right to warranty service after you modified their original design should you need such warranty service? I suggest that Nissan could simply say, the user altered the design and subsequently voided the warranty (regardless of proof that the oil cooler damaged the car or not). Guys, I'm a 370Z owner, so I am on your side. I am just suggesting that if you go down the path of a class action that you make it real clear what you want to sue for and think through if that request even makes sense. IMHO, if you were to pursue this path, you should sue for the right to warranty service if you installed an oil cooler. Now you have to be fair to Nissan. It would have to be some oil cooler part and installation that they can certify was done correctly (i.e their dealer and their installation). You just can't have your local mechanic or you slap in some home made parts and call it an oil cooler and demand that the vehicle should stil be under warranty. Also, think through the chronology. You can not sue for something that has not happened yet. i.e. If no one was denies warranty service after installing an oil cooler, then the suit has no merit. Meaning, you have not yet been damaged. You would first have to install the oil cooler, then try to get warranty service and then be denied for the service. At this point, you have a case that you were damaged. If you are suing to get a free oil cooler because the car was sold to "Enthusiasts" and it gets hot, I don't think that will have merit. Again, in this case, how have you been damaged given the published specifications of the product you bought. So think about what you want to sue for and make sure it has merit. Typically, the party will need to prove that damage was done. Anyway, like I said in the beginning, I am NOT an attorney. I am one of you guys so no flames please. I am just trying to help sort out the various thoughts.