Nissan Consumer Affairs Oil Cooler Response

chubbs · 06-05-2009, 11:51 AM

This Mr. "Paul Lehman" character sounds like an unhelpful person who is best avoided. It seems to me that he (and whoever he spoke to) may not know what he's talking about - and they may just be trying to shut you up. Sounds like it's not working though!

Before you rush to the courts, are there no other people you can talk to locally, or even nationally? - people who may be more sympathetic and more helpful and more informed? ...because this Mr. "Paul Lehman" is making all the wrong noises.

Just never take 'no' for an answer.

spearfish25 · 06-05-2009, 12:04 PM

The problem with the Magnuson-Moss Warranty Act is that you may still have a long, drawn-out battle to finally get things to work in your favor. Nissan can deny your warranty claim on any grounds they choose, and then you're stuck fighting the denial in court. I've heard from my dealer that they've submitted warranty claims to Nissan that have been refused by corporate on the grounds that an aftermarket part was 'connected' to the component that failed. With that rationale, the oil cooler is connected to the entire car (and certainly the engine), so your warranty is in jeopardy until you fight it out in court.

If we were able to set up a class-action suit, the attorney fees should be covered by Nissan should the ruling be in our favor. We'd have to strike a deal with a law firm or pay a retainer up front to get the ball rolling though. If it went the class-action route, we might as well go for broke and try to make Nissan install the coolers for free.

Modshack · 06-05-2009, 12:17 PM

Quote:

Originally Posted by spearfish25

The problem with the Magnuson-Moss Warranty Act is that you may still have a long, drawn-out battle to finally get things to work in your favor. Nissan can deny your warranty claim on any grounds they choose, and then you're stuck fighting the denial in court. I've heard from my dealer that they've submitted warranty claims to Nissan that have been refused by corporate on the grounds that an aftermarket part was 'connected' to the component that failed. With that rationale, the oil cooler is connected to the entire car (and certainly the engine), so your warranty is in jeopardy until you fight it out in court.

.

The law is one thing, Reality another. Spearfish is right. PROVE IT! on your dime BTW....

terrycs · 06-05-2009, 12:37 PM

I’m not sure where this thread is going, but in a nutshell, it has to be proven that the aftermarket part caused the warranty claim. But … the biggest factor is the dealer you take the car to for the service work. Some dealers here in my area actually install exhausts and lower cars before they are even sold. It is really up to them to interpret the warranty claim. For example, I have taken my lowered car to an Infiniti dealer to get an upper control arm checked out and they were cool with it. You just have to know who the mod friendly dealers are.

IMO, get the oil cooler if you need it for the way you drive your car. But I think asking Nissan to change their design will not be possible if the car functions as it was designed to do. We simply cannot argue that because the Z is a performance car, it needs better cooling. Imagine if that were the case … everyone would be TT with 500+ WHp.

That said, if you are tracking your car, you do so at your own risk. If they are able to prove it, they can and most likely will try to deny any warranty claims. BTW, Isn’t this what all the GTR owners are pissed about?

spearfish25 · 06-05-2009, 12:53 PM

Depending on the magnitude of your warranty claim, the dealer may not have the final 'say'. Large warranty claim issues such as a seized motor would go through Nissan's corporate big-wigs, and they are the one's who will bring down your house of cards. I wouldn't trust a dealer saying "we'll warranty all that" unless they claim to back you up on their own dime if Nissan North America or Japan says 'tough luck'. Small issues stay at the dealer level and completely unrelated warranty claims should be safe (say you installed the oil cooler but you're bringing the car in for a warranty repair of a blown subwoofer).

kannibul · 06-11-2009, 08:05 AM

Quote:

Originally Posted by spearfish25

The problem with the Magnuson-Moss Warranty Act is that you may still have a long, drawn-out battle to finally get things to work in your favor. Nissan can deny your warranty claim on any grounds they choose, and then you're stuck fighting the denial in court. I've heard from my dealer that they've submitted warranty claims to Nissan that have been refused by corporate on the grounds that an aftermarket part was 'connected' to the component that failed. With that rationale, the oil cooler is connected to the entire car (and certainly the engine), so your warranty is in jeopardy until you fight it out in court.

If we were able to set up a class-action suit, the attorney fees should be covered by Nissan should the ruling be in our favor. We'd have to strike a deal with a law firm or pay a retainer up front to get the ball rolling though. If it went the class-action route, we might as well go for broke and try to make Nissan install the coolers for free.

Install the coolers for free as part of a recall.

06-05-2009, 11:51 AM	#1 (permalink)
chubbs A True Z Fanatic Join Date: Jan 2009 Location: Zeeland Posts: 1,046 Drives: 2016 370z Auto-Grey Rep Power: 7587	This Mr. "Paul Lehman" character sounds like an unhelpful person who is best avoided. It seems to me that he (and whoever he spoke to) may not know what he's talking about - and they may just be trying to shut you up. Sounds like it's not working though! Before you rush to the courts, are there no other people you can talk to locally, or even nationally? - people who may be more sympathetic and more helpful and more informed? ...because this Mr. "Paul Lehman" is making all the wrong noises. Just never take 'no' for an answer. __________________ . '03 Grey >>> '06 Black >>>'10 Silver >>> '16 Grey ^

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06-05-2009, 12:04 PM	#2 (permalink)
spearfish25 A True Z Fanatic Join Date: Mar 2009 Location: Naples, FL Posts: 4,117 Drives: to work Rep Power: 1857	The problem with the Magnuson-Moss Warranty Act is that you may still have a long, drawn-out battle to finally get things to work in your favor. Nissan can deny your warranty claim on any grounds they choose, and then you're stuck fighting the denial in court. I've heard from my dealer that they've submitted warranty claims to Nissan that have been refused by corporate on the grounds that an aftermarket part was 'connected' to the component that failed. With that rationale, the oil cooler is connected to the entire car (and certainly the engine), so your warranty is in jeopardy until you fight it out in court. If we were able to set up a class-action suit, the attorney fees should be covered by Nissan should the ruling be in our favor. We'd have to strike a deal with a law firm or pay a retainer up front to get the ball rolling though. If it went the class-action route, we might as well go for broke and try to make Nissan install the coolers for free.

06-05-2009, 12:37 PM	#4 (permalink)
terrycs Base Member Join Date: Dec 2008 Location: La Palma, CA Posts: 123 Drives: 07 G35S Sedan Rep Power: 256	I’m not sure where this thread is going, but in a nutshell, it has to be proven that the aftermarket part caused the warranty claim. But … the biggest factor is the dealer you take the car to for the service work. Some dealers here in my area actually install exhausts and lower cars before they are even sold. It is really up to them to interpret the warranty claim. For example, I have taken my lowered car to an Infiniti dealer to get an upper control arm checked out and they were cool with it. You just have to know who the mod friendly dealers are. IMO, get the oil cooler if you need it for the way you drive your car. But I think asking Nissan to change their design will not be possible if the car functions as it was designed to do. We simply cannot argue that because the Z is a performance car, it needs better cooling. Imagine if that were the case … everyone would be TT with 500+ WHp. That said, if you are tracking your car, you do so at your own risk. If they are able to prove it, they can and most likely will try to deny any warranty claims. BTW, Isn’t this what all the GTR owners are pissed about?

06-05-2009, 12:53 PM	#5 (permalink)
spearfish25 A True Z Fanatic Join Date: Mar 2009 Location: Naples, FL Posts: 4,117 Drives: to work Rep Power: 1857	Depending on the magnitude of your warranty claim, the dealer may not have the final 'say'. Large warranty claim issues such as a seized motor would go through Nissan's corporate big-wigs, and they are the one's who will bring down your house of cards. I wouldn't trust a dealer saying "we'll warranty all that" unless they claim to back you up on their own dime if Nissan North America or Japan says 'tough luck'. Small issues stay at the dealer level and completely unrelated warranty claims should be safe (say you installed the oil cooler but you're bringing the car in for a warranty repair of a blown subwoofer).