warranty! Time chain and tensioner gone

[sonuwd]

Dear friends,

I bought a 57 plate s320 from my company for personal use.

It had 128k on the clock when I bought. The engine was replaced with new engine at 107k by mercedes dealer in 27th September 2011.

There was some noise coming from engine area in cold start since last month. I went to merc in london and they book the car in for diagnosis on 6th September 2013.

They were very busy back then and ask me to come back 16th September for full diagnosis. Which I did.

I told the service management that I have warranty until end of the month and show the documents which the manager keep with him.

Today I had call from service manager saying that they had full diagnosis and its time chain and tensioner making noise.

He told me he contact head office and they are saying the engine is not in warranty.

Why is that? Any idea?

I was told when I bought the car from my company that the engine has two years warranty. As it was fixed by main dealer. They should provide free labour also.

Service manager told me I can contact head office directly myself and C.C him in the emails.

My question is where do I stand with warranty? I have all the paperwork.

Does head office do like this always?

If they delay in response. Can I repair the car and claim the cost back?

Thanks for reply in advance.

 

[prprandall51]

Does it have a service record? If there is no evidence of servicing then they might be concluding that the chain and tensioner have failed due to a lack of lubication, which wouldn't be warranted.

 

[sonuwd]

Does it have a service record? If there is no evidence of servicing then they might be concluding that the chain and tensioner have failed due to a lack of lubication, which wouldn't be warranted.

The current milage on the clock is 153k

This car has mercedes service history till 120k all the record is at mercedes already.

Since then two services done at 133k and another at 147k, I do service 4k miles early than the recommended 16k miles.

In these two services original mercedes parts were bought buy me personaly from mercedes colondele and car was serviced by a local garage.

I provide all the invoices to service team manager. As he asked me if there is any history after 120k.

I think service history is not the problem here. He was talking some technical language whenhe called me this aafternoon, I ask him to send me an email explaining the reason mercedes rejected my warranty.

I hope he gona do it tomorrow.

 

[jamesfuller]

Is the warranty a manufacturer warranty or a Dealer warranty?
I'm guessing its Dealer warranty as they fitted the engine. Did you but the oil from them with the service parts?

 

[NOMONEYBUTAMERC]

Among the service parts from MB , did they supply the oil ? If not , they may find your warranty invalid.

 

[sonuwd]

Among the service parts from MB , did they supply the oil ? If not , they may find your warranty invalid.

Yes.

5w 30 low ash oil always.

Original filters etc.

 

[Rory]

Does the warranty still apply if the car has changed owners?

 

[Dieselman]

Try contacting Mercedes Customer Care Department, or the UK CEO.

As the engine was supplied and fitted by A Mercedes dealer it has a 2 year warranty as long as you take it back for diagnosis and relevant services done, which you have done.

 

[sonuwd]

Is the warranty a manufacturer warranty or a Dealer warranty?
I'm guessing its Dealer warranty as they fitted the engine. Did you but the oil from them with the service parts?

Do I need to contact that dealer?

 

[sonuwd]

Try contacting Mercedes Customer Care Department, or the UK CEO.

As the engine was supplied and fitted by A Mercedes dealer it has a 2 year warranty as long as you take it back for diagnosis and relevant services done, which you have done.

Thanks mate.

Will do tomorrow.

 

[sonuwd]

Just called the dealer who installed the engine in September 2011. The guy told me that my company paid a contribution for this engine, so it was not under 100 percent warranty back then. But because my company paid contribution the new engine comes with 2 years mercedes guarantee, not just a dealer warranty.

So there is some hope. Now I will call the head office.

 

[sonuwd]

They charge 9k for that engine and I am sure it was full engine. The service manager told me in an email that initially mercedes reject the claim earlier because

*(DECISION ACCORDING TO WARRANTY GUIDELINESDECISION BASED ON OPERATING TIME/MILEAGE)

Time? Less than two years since engine changed.
Milage? Just 45k after engine replacement.*

They are not even talking about service from other than merc dealer. Intially they decline the claim bcoz time (6) years old car. Secondly because it has 150k plus on clock. Both things has nothing to do with new engine.*What If I fit a new clutch tomorrow and after 2 months go back and complaint about it. What will be the response? Oh your car is too old so clutch has no warranty. Is it?If that is the case then they shouldn't publish in big words ( Mercedes parts come with two years warranty, labour paid if it was fitted by mercedes dealer).

 

[Rory]

They charge 9k for that engine and I am sure it was full engine. The service manager told me in an email that initially mercedes reject the claim earlier because

*(DECISION ACCORDING TO WARRANTY GUIDELINESDECISION BASED ON OPERATING TIME/MILEAGE)

Time? Less than two years since engine changed.
Milage? Just 45k after engine replacement.*

Says here that parts are covered for minimum 2 years and unlimited mileage: Mercedes-Benz UK - Mercedes-Benz Genuine Parts - Overview

 

[Sp!ke]

Is the guarantee on the replacement engine transferable to a new owner I wonder?

 

[John Jones Jr]

They charge 9k for that engine and I am sure it was full engine. The service manager told me in an email that initially mercedes reject the claim earlier because

*(DECISION ACCORDING TO WARRANTY GUIDELINESDECISION BASED ON OPERATING TIME/MILEAGE)

Time? Less than two years since engine changed.
Milage? Just 45k after engine replacement.*

They are not even talking about service from other than merc dealer. Intially they decline the claim bcoz time (6) years old car. Secondly because it has 150k plus on clock. Both things has nothing to do with new engine.*What If I fit a new clutch tomorrow and after 2 months go back and complaint about it. What will be the response? Oh your car is too old so clutch has no warranty. Is it?If that is the case then they shouldn't publish in big words ( Mercedes parts come with two years warranty, labour paid if it was fitted by mercedes dealer).

Don't mess about with this problem. You've been given three different reasons why they are not covering the repair under parts warranty, none of the reasons stack up to a hill of beans. They're just hoping you'll just go away, it's high mileage old car to them (as they've already pointed out) also they dislike carrying out warranty & parts warranty claims generally speaking. So, I'd strongly advise you spend a £100 on a solicitors letter.

 

[Rory]

So, I'd strongly advise you spend a £100 on a solicitors letter.

As I (and Sp!ke) have queried, the warranty may not be transferrable, and MB have no legal liability to the OP as he wasn't the customer who paid the bill.

I would tread carefully before threatening legal action - they may well just slam the shutters down. Plus we know from other threads that MB will fight cases, they don't do what most large companies do and just settle out of court.

 

[Dieselman]

Does it state in the parts warranty that it isn't transferable to the new owner? I suspect not.

MB just don't want to take on another large warranty claim liability.

 

[John Jones Jr]

As I (and Sp!ke) have queried, the warranty may not be transferrable, and MB have no legal liability to the OP as he wasn't the customer who paid the bill.

I would tread carefully before threatening legal action - they may well just slam the shutters down. Plus we know from other threads that MB will fight cases, they don't do what most large companies do and just settle out of court.

Yep, maybe somewhere in the small print on some obscure document it may state the warranty is not transferable but I've doubts on that and I've doubts it would hold up in a claims court (should there be a distinction between a new car warranty which is transferable and a new engine from M-B themselves, supplied & fitted by a M-B main dealer...), but you could be right & it's not transferable. Worth at stage pointing out the OP was not refused a warranty claim on particular this point of warranty terms & conditions, thus the view I've taken.

And to clarify, I never suggested the OP take legal action other than get his solicitor to write to MB UK, to get clarification back in writing why they won't cover the repair under warranty. Then, the OP can make an informed decision with advise from his solicitor on what action he should take or not as case maybe, £100, well spent I reckon. What's important at the moment imo, is some action is taken in writing while the there's a possibility that the new engine is still covered by the original 2 year warranty and the problem is fresh in the minds of all parties involved with the issue so far.

 

[sonuwd]

Is the guarantee on the replacement engine transferable to a new owner I wonder?

Yes the warranty which is not expire yet is transfer to the new owner. Not only the car warranty but parts also. I not only confirm this by calling them but also the chap on the other side guide me to this Web site. Which quote:

(Providing warranty conditions have been followed, any unexpired warranty may be transferred to new owners of your vehicle.These warranty terms apply to all Mercedes-Benz vehicles registered on or after 1st January 1999. Mercedes-Benz reserves the right to modify or amend these warranty terms without notice.)

 

[Sp!ke]

I'm interested to know what failed on the first engine - do you know?