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Advice needed: Dead upgraded turbos
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06-22-2013, 09:33 PM | #1 |
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Advice needed: Dead upgraded turbos
So I bought some aftermarket turbos from one of the big turbo vendors for our platform. There was some white smoke coming from the exhaust, and I figured it must have been some of the red dow corning they packed the turbos in for shipment. I figured i'd put a few heat cycles and short drives on the turbos to burn off the grease, and the car started smoking even worse. It ran perfectly, but smoked like something outta spy hunter. I take the car back to the shop and they tell me it's blown turbo seals. I replaced the PCV and upgraded it, but it still smokes. The smoke is pretty intense, so I contacted the vendor and he said send 'em back for either a full refund or replacement. I have a few questions for you guys:
Firstly, under Song-Beverly §1792, if the part is defective, they have to cover replacement labor. How can I go about having them do this without having to go to a lawyer? Secondly, I suggested finding an outside source to determine fault. I have not received a response. The manufacturer wants to get the turbos back to determine fault, but there's a conflict of interest here. I have a feeling this might turn into a battle between my shop and the turbo mfg. What do you guys think is the fastest way to get a pair of upgraded turbos on my car and get it running? The car is in the shop, and was completely healthy before. The shop has installed turbos on euro cars before and the mechanic that worked on my car is very familiar with N54's. After the turbo install, the car kinda just went to shit, with the smoke plumes and all that. Accidents happen, and I don't wanna place blame but the same shop that replaced the turbos has also pulled the engine from my car, rebuilt frames, swapped clutches, and done a host of other powertrain related things to cars i've had. I honestly have some serious doubts as to whether my shop would be at fault. I wanna resolve this without being an asshole to the vendor or the shop and I wanna be fair. At the same time, this wasn't my screwup so I don't wanna pay out of pocket for the second round of install. My initial suggestion was i'd flatbed the car to the mfg's shop (my expense), have the manufacturer install working turbos at their expense, and pay some extra change for an upgrade in the process (extra business for them), while leaving the old turbos to them for inspection, that way i'd get a replacement part and that would satisfy the requirements for reimbursement of labor. What do you guys think? I really don't want something for nothing, I just want my car to be the way it should have been from the get go.
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06-22-2013, 09:42 PM | #2 |
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You are in a tough situation and this is when the reputability of a manufacture comes into play. The worlds best warranty means nothing if they are just going to try to figure a way out of honoring it.
The easier question you asked is regarding upgrading the turbos. I do not think any manufacture will allow you to do this. It is a bad precedent to set. Unscrupulous customers will intentionally blow their turbos in order to "pay the difference" for the upgrade. The only exception to this that I have seen is when a product is either out of stock or no longer in the product line. Sometimes the manufacture will allow you to upgrade. |
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06-22-2013, 09:46 PM | #3 |
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You gotta pay to play some times. I really can't advise you on this and I feel your pain. I've seen many a thread about RB Turbo's having issues and other people who just love them!
Honestly, I think what will go down is this... RB will more then likely not take blame for the part but will offer a free replacement set. Install is going to be what ever it is, because even the local shop guy has to get paid from someone. Personally, I would try to find out if others recently are having the same issue with the turbo batch that went out with yours (so a turbo build time frame would be helpful in that). Also you are probably going to have to see if your mechanic will take pitty on you and see if he would be willing to do this re-install @ cost/reduced rate for you. Personally I would rather go the Vargas route because they cover the full soup to nuts experience of the upgrade. If something F's up... then they did it. End of story. Full stop! :P http://performance.vargasturbo.com/ |
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06-22-2013, 09:58 PM | #4 | |
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If it was an issue to pay the difference in value between stages on my turbos, I don't particularly care since it'll probably be a 30 or so hp difference, but since the car is already needing turbos I don't see why they would mine me paying the price difference. Long story short, I would not have bought one round of turbos with the intention of blowing them to pay the difference between those and the next stage. The difference in price is not particularly great (under 600 or so bucks), and the lead times would keep my car off the street for a few weeks. Cheating wouldn't make economic sense when you factor in shipping, labor, wait time, hassle, etc etc etc. The only reason I threw out the upgrade option is because the car is gonna be opened up again anyways, might as well upgrade it. But if it's a big hassle or my honesty comes into question, I really don't care, thats a few bills left in my pocket and a more sane power level. Besides, that's why I suggested a neutral third party determines the cause of failure if that is a concern. I really do believe this was an honest mistake, but I need to resolve it. I rely on my car and can't afford to have it sitting in a shop for weeks.
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06-22-2013, 09:59 PM | #5 | |
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Also, mine seem to be a weird freak accident. If the shop is to blame, I'd have no problem running down and screaming at my shop with the labor bill from the MFG in hand, but I feel like i've been ignored when I suggested a neutral third party inspect them to determine fault.
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06-22-2013, 11:07 PM | #6 | |
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I would approach it first as: 1) figure out what the issue is/was 2) figure out what the person at fault will do for you 3) once a suggestion is tossed out, then see if an upgrade option is available on either side (try to see if they will have pity on you). No lawyers and no talk of lawyers... just be civil and most shops will work with you. Always ask, "So how can we fix this?" let them offer a solution (they will probably be more generous then you will). Also your right... I made a lot of assumptions and I shouldn't have of the MFG, I just figured from past threads i remember reading about similar issues years ago. |
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06-22-2013, 11:13 PM | #7 | |
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Never introduce the "L" word unless you are ready to go the distance because it will probably take going the distance once the "L" word is used. |
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06-22-2013, 11:30 PM | #8 |
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Believe me, I work at a law firm and even I think that dragging lawyers into the mix is a bunk idea. I personally am grateful people are trying to further the platform and wanna reward people for making a great product but that also entails me having a running car. I can't afford to drop coin whenever a part that's supposed to work gets messed up due to something out of my control haha. Lawyers are really only there for if nobody can be civil and cooperate. I don't believe in bullying people with lawyers. Those guys give us in the business a bad name.
My real concern is how nobody is acknowledging the cost of labor here.
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06-22-2013, 11:58 PM | #9 | |
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my 0.02 cents about lawyers is, we need them but most (not all) usually end up screwing not only the other guy... but also their own clients for money. The only one who gets rich on cases is only the lawyer They have to make a living too... law skool isn't cheap after all. It's just mostly a dirty biz... that's why i went the engineering route instead of lawyer (same classes and same pedigree in skool... just different outcomes). Plus I wanted to be a doctor and I don't like the sight of needles/blood... so that didn't go far. Being from India... we can only choose from the following list: Doctor, lawyer, engineer, or business person... i went with computer science (a.k.a engineer). Next up will be an MBA, so I'll have 2 of the 4 bases covered... then I just need to marry a doctor and I'm golden! |
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06-23-2013, 12:01 AM | #10 | |
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Assuming the shop did nothing wrong and assuming there is no specific language in the warranty about paying for labor costs, then paying for the labor twice is your entry fee to the modding lifestyle. I recognize that it sucks, but this is the market's way of operating efficiently. It is efficient because this kind of system gives the manufacture and shop incentive enough to make a good product and perform a good install, otherwise they will acquire a bad reputation and lose business and eventually go out of business. Furthermore, it discourages consumers from using substandard installation services or substandard parts and it discourages them from committing fraud in order to further some other purpose (like upgrading to a better part because the first part did not behave the way the consumer wanted). These are good checks and balances. At the end of the day, there are several possible causes of a failure that cannot reasonably be determined. When I say reasonable, I mean without a lot of investigative time and money... more time and money than the actual issue is worth. Thus, the efficient solution is to accept the fact that the situation is not ideal and divide the costs between the possible responsible parties. This is exactly what happens when a manufacture replaces a defective part and a shop only charges you actual labor costs for the second job. Everyone loses a little and therefore everyone will attempt to avoid it. Of course if you believe you have an entity who is trying to buck this system, that is when you have to weigh the pros and cons for legal action. I have a threshold test I use for legal action. If I feel like the only way that I am going to get satisfaction from a situation I break it down like this. Small claims: I will normally just let anything under $2,000 go because it is not worth my time to file and go through the headache and stress of going to court. So anything above $2,000 and below the jurisdictional limit of small claims (in my area this is $7500), I will probably handle it myself. Major claims: I will pay my attorney for a couple of hours of time to discuss my issue and do some preliminary investigation, usually up to about $1,000 of his time. Then depending on what he thinks it will take in legal fees, time for resolution, and total recovery, I will determine if it is worth a major investment of my time. Generally, my estimated attorney's fees should be something less than 50% of the total recovery and I must have a reasonable chance of getting my attorneys fees back. In the past 20 years I have had to apply the small claims rule 3 times and the major claims rule once. In hind sight, I let my feelings get in the way of the major claim and I made the wrong decision. Even though I won all of these cases, I regret the 4 years I invested in the major claim. I would not do it again. I would just eat the $20,000 lose and get on with my life. |
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06-23-2013, 01:42 AM | #11 |
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For some reason, I can't quote your original post....
OP Wrote: ... Firstly, under Song-Beverly §1792, if the part is defective, they have to cover replacement labor. How can I go about having them do this without having to go to a lawyer? My Response: I don't know what Song-Beverly is, but if it's a state law or state court decision, it may not be binding on your vendor, particularly if they haven't nexus in your state. You should find out, and if they are bound by that law/ruling, just mention it and see what they say. Regardless, the easiest way to start is to explicitly ask the vendor if they will pay for the additional labor if the part is defective. I would do that before I contacted an attorney. Going to court, or even arriving at a settlement with the vendor after having filed suit, is not going to yield a speedy resolution, which is what you probably want. OP Wrote: Secondly, I suggested finding an outside source to determine fault. I have not received a response. The manufacturer wants to get the turbos back to determine fault, but there's a conflict of interest here. I have a feeling this might turn into a battle between my shop and the turbo mfg. What do you guys think is the fastest way to get a pair of upgraded turbos on my car and get it running? My Response: Do you have a reason to doubt their integrity? I'm not gonna lie. The tone of your comment above here sounds like you are barking for a fight with them, despite your question earlier about obtaining a result without an attorney. (And frankly, even that question was composed in way so as to imply a desire to pursue a legal challenge.) If that's what you want, fine; have at it. OP Wrote: The car is in the shop, and was completely healthy before. The shop has installed turbos on euro cars before and the mechanic that worked on my car is very familiar with N54's. After the turbo install, the car kinda just went to shit, with the smoke plumes and all that. Accidents happen, and I don't wanna place blame but the same shop that replaced the turbos has also pulled the engine from my car, rebuilt frames, swapped clutches, and done a host of other powertrain related things to cars i've had. I honestly have some serious doubts as to whether my shop would be at fault. My Response: I would think that if the installer is an authorized installer of the vendor's product, you should have no trouble getting satisfaction from the vendor. If the installer is not an authorized one, and the vendor does have authorized installers (as opposed to their just saying any service facility that does thus and such can install their product), you are exposed to the risk that the vendor could blame the installer, and regardless of that installer's experience and familiarity with your car, you'd have a uphill charge on your hands to prove you are due any recovery for the additional labor costs. If it did get to a legal contest, you would have the burden of proof, not the vendor. OP Wrote: ... My initial suggestion was i'd flatbed the car to the mfg's shop (my expense), have the manufacturer install working turbos at their expense, and pay some extra change for an upgrade in the process (extra business for them), while leaving the old turbos to them for inspection, that way i'd get a replacement part and that would satisfy the requirements for reimbursement of labor. What do you guys think? I really don't want something for nothing, I just want my car to be the way it should have been from the get go. My Response: I think your suggestion seems reasonable. It's far more than I'd have offered them. I'd have insisted they pay for the transport of my car, on a flatbed, to them, whereupon they can do the install....that is assuming that having them do the install in the first place wasn't what they'd originally asked me to do.
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06-23-2013, 06:57 AM | #12 | |
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06-23-2013, 07:16 AM | #13 | |
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06-23-2013, 08:04 AM | #14 |
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You've left out a bunch of information here, like how many miles/time did the problem start after the install, what does turbo manufacturer's the warranty say, and what does the shop warranty say. Also, did you buy the turbos and bring them to the shop to install, or did you buy the complete turbo upgrade as a turn-key installation?
All these things matter. If you bought it turn-key from the shop, then the issue of the labor is between the shop and the turbo manufacturer. If you bough the turbos yourself and brought the turbos to the shop for them to install without any warranty against the installation, then you are SOL. |
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06-23-2013, 12:59 PM | #15 |
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The right answer is easily stated, but hard to follow. Just act like a reasonable person. Be honest. Try to understand where the other guy is coming from. Discuss the matter openly. Maintain a healthy skepticism. Recognize that if you get to the point that the "L" word is being used, you have already lost. Your one and only goal is to achieve a resolution that you can live with in the shortest amount of time.
The specifics about what we would do has already been stated in great detail. This can over complicate matters sometimes. So the paragraph above is the executive summary of all that stuff. |
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06-23-2013, 07:33 PM | #16 |
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Well guys, I took your advice and we both reached a happy medium. I would pay for the second round of installment and the turbo supplier upgraded me a stage to help offset the cost of the install. All in all, a pretty fair trade. I won't reveal who was involved, but I will say that the supplier who was involved handled this like a real man and has definitely earned my respect.
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06-23-2013, 07:50 PM | #17 |
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Dont bring up Song-Beverly §1792 unless you want to obtain a lawyer. Discuss a FOC replacement for the turbos and ask the supplier to pay for the install. Have them inspected by a 3rd party and have proof available and ready if they hesitate to pay for the install. Contact a lawyer then if the supplier refuses to do anything for you.
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06-23-2013, 11:25 PM | #18 | |
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06-24-2013, 06:08 AM | #19 | |
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