New Unisaw - The flag is back

True, but it cannot (legally) be sold as new after. The best I can find is that it was delivered fine but it was severely damaged at the dealership, who covered it up. The whole truck was repainted. Poorly.

Amazing.

Yes, and such damage must be disclosed. The vehicles can't be sold as new.

Reply to
krw
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Wording is everything, isn't it? I took this question and answer from the site link you provided.

Question: Could using a 5W-30, 10W-30, 0W-30 or even a 10W-40 or 20W-50, oil in my vehicle which specifies a 5W-20 oil void my new car warranty?

Answer: Absolutely not. Vehicle manufacturers only recommend using motor oils meeting certain viscosity grades and American Petroleum Institute service requirements. Whether a motor oil is a 5W-20, 5W-30, 10W-30, 0W-30,

10W-40 or 20W-50 (for racing and high performance applications in, for example, a Cobra R Mustang) or even a synthetic vs. a petroleum based oil will not affect warranty coverage. The manufacturer is required by Federal Law to cover all equipment failures it would normally cover as long as the oil meets API service requirements and specifications and was not the cause of failure. In addition, the Federally mandated Magnuson - Moss Act states that a manufacturer may not require a specific brand or type of aftermarket product unless it is provided free of charge. If your dealership continues to tell you that you must use 5W-20 motor oil and or/ a specific brand of 5W-20 motor oil, then ask them to put it in writing. Their position is inaccurate, and, in fact violates existing law.*

Was I the only one to notice that above is stated,

The manufacturer is required by Federal Law to cover all equipment failures it would normally cover as long as the oil meets API service requirements and specifications and was not the cause of failure.

Key words here, "and was not the cause of failure".

So as I read this the manufacturer can indeed refuse to repair an engine that was not running the specified oil even though the oil met "API service requirements and specifications". If the oil was the cause of the failure you are left holding the bag.

That said however the question was asked in such a way as to confuse the issue. True, if you use a different oil than the manufacturer asks you to use they still have to warrant the AC system, or paint, or electrical switches but not an engine failure caused by an non specified oil.

Reply to
Leon

Actually they can legally sell the vehicle as new. The only way they cannot sell the vehicle as new is if you are not the first owner ov the vehicle. If you bought the vehicle, never took it off the lot, got it licensed in your name, and traded it back in for another vehicle it would then have to be sold ad a used vehicle. The dealer is however required to disclose any information concerning any major damage repairs done to the vehicle.

Very often however if the damage is severe enough the insurance company will total or purchase the new vehicle. They realize that a new car with a lot of repaired damage is not going to sell.

Vehicles are damaged on the lot on a daily basis, nothing new there.

Yes the damage has to be disclosed but they can be sold as new, at least in Texas.

Reply to
Leon

Not true. If it has been damaged more than some percentage of its value (depends on state, but is ueuslly quite low 5% where I was at the time, IIRC), it cannot be sold as new. It must be sold as rebuilt.

If it's not disclosed, it may. :-(

Not to that extent, and *not* covered up.

It sure can't in most states.

Reply to
krw

If the dealer wants to get paid for the repair it would be disclosed.

I am sure you are right as I recall the there are often warnings on the local news after a flood in other states to be leery of new cars being sold as new. Vehicles involved in floods with water over the bottom of the dash will forever be problematic.

Typically if the vehicle was a factory damaged problem or one where the transportation company was liable the factory would arrange to buy back the vehicle and donate it to a local trade school. Other than that in Texas, an issued title is all that makes a vehicle used.

Reply to
Leon

*IF*. The fact is that the dealer doesn't get paid.

You bet! It's not only new cars either. Anything recent can be a problem.

Best I can tell, it was delivered OK.

Reply to
krw

Uh, yeah, the dealer gets paid, it was one of my responsibilities that he did. Being in management in the body shop no work was performed until the insurance company approved the cost to repair. Now minor scratches or molding digs were typically absorbed by the dealer as it cost more in time to have the unit setting and not being available for sale.

Reply to
Leon

He didn't get paid because he slid it under the rug. He *HAD* to, or he would have been stuck with a "rebuilt" vehicle with zero miles on it. They usually don't have insurance against such things either (thou$and$ in deductibles).

Reply to
krw

He got paid. I got paid. The used vehicle status does not apply in Texas simply because you replace a part.

Reply to
Leon

Just to take this a bit further, deductibles are not that big of a concern to dealer after a certain point. Insurance pays full price for repair less their little discount. This price is still most often more than the dealer cost even after the deductible is taken out. Because the price that the dealer collects less the deductible from the insurance company, he still shows a profit. For example, the deductible is $1,000. Lets say the lot lizard is parking the vehicle in a row of tightly arranged vehicles. His front bumper hit the car nest to his parking spot very lightly and put a crease across the front of the quarter panel, rear door skin, front door skin and the back of the fender. All of those pieces can be repaired more cheaply than replacement except for the fender. Seriously the damage is mostly cosmetic but the repair bill is going to be $2500, less the typical

10% "on parts" for the insurance company less a $1000 deductible. The fender is the only part being replaced at retail price of $600.. The insurance company pays $2500 less $60 discount on the parts, less $1000 for the deductible. The dealer collects $1440. The fender cost is $300, the dealer internal labor cost is 22 hours at $20 per hour paid to his body men and painters, the body repair and paint materials cost is $300. This all comes to a total of $1040. The dealer makes $400. You have to remember that insurance companies pay retail less the typical discount of 10% on parts. The dealer has the advantage of doing the repair at his cost and not paying retail pricing. Body work is a high percentage profit, money making business. The dealer discloses that there was cosmetic damage on the car and typically says that he will stand behind the repair as long as the customer owns the vehicle.
Reply to
Leon

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