| Author | Message | ||
| Octavio Mestre (Alfab4308)
|
I assume that the dealer's inspection would have included driving the car. Wouldn't they have heard the gear noises? If you heard the noise from the moment the car was put into gear it seems to me that they had to have known something was wrong. That said, I had a similar situation a few years ago with a boat that overheated and the the engine seized up. The way I resolved it was by paying for the parts and not the labor. When the shop owner said I was unfairly assuming he was to blame (which he very obviously was) I told him that I was not. I was giving him the benefit of the little doubt there was. I told him if I blamed him I would be asking him to pay for a new engine. He reluctantly agreed that my proposal was fair. Btw, I agree that the fact that this is a race car enters the equation to a certain extent. | ||
| R.Kickirillo (Racerx)
|
Something to consider: when you asked the dealer to check out the vehicle, would it have been reasonable that they would have found these bearing brackets were about to let go? If it required pulling the trans from the car, I would think that this type of thorough inspection would not be done without charge. They may not actually be trying to stick it to you. They may have not known that the condition was there, and it may not be reasonable to assume that their inspection of the car would uncover this problem. If that's the case, then they simply sold a used car which suffered damage during a track event, and they are probably doing you right by making a small discount. On the other hand, if they knew the condition existed, they may be in violation of disclosure laws. And if they were supposed to check items like this when they did the inspection, they should have caught it then and told you about it upfront. BTW - verrrrry nice car. I'm green with envy  | ||
| Matt Karson (Squidracing)
|
Any additional opinions? | ||
| magoo (Magoo)
|
Rob, I agree with you, Once that car went on the track all warranties went out the window. At this point try and prove it was defective parts or workmanship. They have shown some good faith in offering or adjusting the bill, as little as it was, but they really don't have any responsibility in making any adjustments. Like Martin says, offer 50% and hope they take it. But the way I see it is they don't have to take it. I know how you feel and you are probably correct and I hate to say it, but I feel you are at their mercy. BRGDS, MAGOO | ||
| martin J weiner,M.D. (Mw360)
|
Sounds to me that the onus is about 50/50 therefore I would offer to pay half the bill. | ||
| Charles T (Charles)
|
I'd write a letter to the owner of the dealer and explain the situation. I'd send a copy of that letter to the President of Ferrari of North America. And, I would post your letters on this sight and let them know that you are doing that. The dealer, at minimum, should not charge you for the labor. If the dealer is a good businessman, he will realize that your satisfaction and the good word you spread about him is worth far more than a few thousand dollars. From personal experience, I would never bring my Ferrari to a dealer that did not stand behind his car is your situation. | ||
| Rob Lay (Rob328gts)
|
Wow, I'm glad we have a bunch of lawyers in here. My guess is bindings are only to what's on paper. They're not making you a happy customer, but I'm not sure if they legally have to pay anymore than they have. Also, the mentality with race cars is different than street cars. I race a 1st gen RX7 because it's one of the most reliable and cheapest, but there is still work that I have to do between every race weekend. There are never any type of warranties or insurance in racing. Things break or get broken by the minute and it's always a no fault attitude, except maybe in NASA. | ||
| Matt Karson (Squidracing)
|
This is the situation...... I bought my '98 355 Challenge Car this past March from a very prominent dealership which has enjoyed great success in the Challenge Series. As I only saw the car in a dark warehouse for 30 minutes, I told them via email, to inspect the car, (drivetrain, electronics, suspension, chassis, etc.) and that I would base my decision on the results of their inspection. I was told that the car needed a couple of wheel bearings replaced, and a couple of other small items addressed. When this was taken care of, I was told that the car was in 'perfect running order'. I took delivery of the car in late March. I had them adjust the setup of the car for my weight parameters, so all I did was adjust the seat position. I then put the car in my trailer, and took it to Summit Point in early May. When I started the car, it turns out that I had 10 pounds of oil pressure. For obvious reasons I did not drive the car. They did the right thing to address the situation. They shipped the car to their dealership, found the problem, (internally collapsed oil line -sump to pump) fixed it and shipped it back to me at no charge. This took 4 weeks. I then took the car to Watkins Glen during the 3rd week of June. As I have had no time in the car at all, I am not familiar with the 'particular sounds' of this car. After the first session on the track, I mentioned to my friend that it sounded to me like I had straight cut gears in my gearbox. Actually, I was psyched that this was the case. I was not too surprised to hear this, as I do know there is a certain element of cheating in all racing series, and this car was very competitive during its time in the series. Well it turns out that the sound was not what I had thought, and after 108 miles - THE TOTAL NUMBER OF MILES I DROVE THAT DAY, HENCE, THE TOTAL NUMBER OF MILES I EVER DROVE IN THAT CAR SINCE I BOUGHT IT - the gearbox lets go on the back straight in a big cloud of smoke. The reason was never explained. I have been informed by other Challenge Teams that there are gearbox problems, which arise due to the set up of the car. It seems, when the car is lowered as much as they are for the series, the angle of the half shafts become inverted. This puts an unusual amount of pressure on the gearbox, and can cause its failure. OH, I FORGOT TO MENTION....THIS IS NOT THE ORIGINAL GEARBOX. THE OWNER/DRIVER BLEW UP THE ORIGINAL ONE, AND THIS WAS A REPLACEMENT. IT HAD SEVERAL RACES ON IT (INCLUDING A 6 HOUR ENDURO) BEFORE I BOUGHT IT. For reasons of full disclosure, it should be noted that I am the Chief Driving Instructor of the Ferrari Club of America, Empire State Region. I only mention this, to better give you the idea that I have spent a lot of time 'racing' our beloved Prancing Horse. I am very competitive in whichever class of Ferrari I am in at the time. I also have a very good comfort level in squeezing 90+ percent out of 348's, 355's, and 360 Challenge Cars. I really do not think I am capable of blowing up a gearbox in a car that I was just feeling out, and not pushing any harder than 75 percent. I called the dealership and informed them of the situation. I then removed the gearbox and sent it to them. Turns out, one of the bearing brackets which are built into the case was no longer any good. This was not the reason for the problem, just the aftermath. I bought a gearbox core from Nick at Forza Ferrari, (I started a string on what a pleasure it was dealing with him) and shipped it to the dealer. The dealer rebuilt the box, using the original gears, but installed new synchros and bearings. I installed it back into the car. I spent 6 out of the next 7 days on the track (2 Lime Rock, 4 NHIS) and the car performed flawlessly. I was also pushing the car more in the line of 85 - 90 percent. This should reinforce the notion that it was not me that caused the gearbox failure. We never hammered out how the bill was going to be sorted out. The dealer acknowledged some responsibility, and said they would 'work with me on the resolution'. So, what do you think happens.....? The dealer sends me a bill for $5,300.00 for some parts and ($3,600 of it was labor) labor. They picked up the $600 ($200 x 3) for the shipping of the gearboxes. They charged $65/hour instead of $95/hour for labor. So after reading this novel, what do you think I should do with this bill? I bought the car in March. The first time I drove the car was in August. The season is 2/3rds over. They said the car was in perfect running order. The car blew up on me due to a (in my opinion) preexisting condition. I spent around $3000.00 for the gearbox core. Most of my season has been wasted. SHOULD I, OR SHOULD I NOT, PAY THE DEALERS CHARGES???? |