pasadena_commut said:
It should. Still, this shows that it might be a good idea to have a "professional" change the oil and inspect the vehicle at the time a used car is purchased just to provide some relatively cheap insurance against later warranty problems. If you do your own routine maintenance and they don't accept your records as sufficient then for sure force them into court over it. They are calling you a liar so they damn well better have some evidence to back it up.
My understanding is that the manufacturer cannot void a warranty because of lack of proof of maintenance. Period. However, if they first cite lack of maintenance based on physical inspection of the trashed vehicle the ball is back in your court even if you know they have no basis for their claim. If maintenance records exist, you (or your lawyer) can more easily force them to perform the warranty work. If no such records exist it becomes he said/she said and the lawyers get to fight it out, possibly with a few expert witnesses thrown in for good measure.
Mazda's perspective on proof of maintenance seems to be somewhat at odds with the M & M act. See for instance:
http://www.mazdausa.com/MusaWeb/displayPage.action?pageParameter=cpoWarranty
Which says:
Repairs resulting from lack of required maintenance (failures caused by the owner neglecting to perform the required maintenance services set forth in the maintenance schedule of the Owner's Manual for the vehicle). Costs of these routine maintenance services are not covered. Proof of maintenance may be required, which may include inspection of maintenance records.
Note all the "may's". Whether or not that would hold up in court is doubtful as they cannot write into a contract terms that are contrary to the law.
It might be interesting to contact Mazda and get them to spell out their position on used cars, other than the ones they sold, with respect to warranty work.
Thank you! I'm so glad I'm not the only one that...at the very minimum...wants Mazda and others to clarify their warranty limitations.
If I had known what kinds of loopholes they would use to avoid replacing a legitimately failed engine within the warranty period, I would have kept more receipts for my own maintenance. Thankfully, I'm almost at 50k and it didn't happen to me.
I've been wondering if it wouldn't be better if the warranty was a contract between the automaker and the car buyer (be it first, second, etc.) The contract would have to be (hopefully) read and signed by the car buyer prior to the warranty being in effect on that vehicle for that buyer. If they want to use vague language and skirt responsibility, fine. At least tell me
in no uncertain terms what I need to do to make sure that I'm covered on my end. I had no idea I needed to document every oil change, or I would have done it.
I still say that, while within the warranty period, the burden of proof is on them to prove that you DIDN'T maintain the car properly and that the damage is a direct result of that problem. Otherwise, if the car is stock, the engine is clean inside, and various bearings don't show signs of wear due to lack of maintenance, then it's the manufacturer's f***ing problem and not mine.
I'm not an advocate for lazy worthless-ass dickheads getting their engines warrantied because they slapped on a boost controller or didn't change their oil. Mine now has a few minor mods, but it's just enough to affect the A/F ratio and I don't expect my engine to be covered under warranty. I'm man enough to accept that. I know plenty of people popped their motors because of their own stupidity and wound up gettting them covered one way or another...which screws those of us who have the occasional legitimate warranty claim.
Here's a simple solution: If you're going to build a hi-po motor, especially an easily modified turbo motor marketed and sold to young gearheads...at least overbuild it a bit. Mazda can do it, as evidenced by the B6T and BPT motors. Other than a crank snout issue on the early B6 (which should have been recalled), those motors held up under twice the factory boost. The FS doesn't lend itself well to being boosted in the factory configuration, and it shows. If the factory FS is so great, why did I shell out for a fully forged spare race motor to put in the MSP for when the time comes to start cranking up the boost? I knew better. Meanwhile, the 18 year old 323 GTX runs all day at 11-12 psi from a VJ-16 turbo (pretty stout cfm) on a stock B6T engine. In summary, Mazda could (and should) have done it better, and we all know it.