By law, he must prove that it did cause said part to fail. I'd be calling a lawyer or the pres of DC.

 

Get rid of that Fram!!!!!!!!!!!!!!!!!!

They are known to fall apart internally and plugs the oil galleries and you know the rest.

 

I'm no lawyer, but here's what Cummins has to say about it.

My lay interpretation says that (1) the aftermarket device has to be determined to have caused the damage and (2) only THAT damage is not covered by the warranty (implying that they can't just cease warranty coverage on the whole engine). But, as I said before, I'm no lawyer and this is not the legal warranty verbiage. The actual warranty legalese may be completely different. I think this statement from Cummins DOES describe the intent of the warranty and I have to admit that it seems reasonable to me.

Neil

 

Now here's a guy that doesn't get mad, he gets even. Great thinking.

 

I also think OT-of-here has a good idea, however, my personal feeling is that the ultimate responsibility will fall on the customer to prove that his aftermarket products did not cause the bearing failure. If its the other way around (DC has to prove the aftermarket parts did cause the failure), then DC would have to test every aftermarket part out there to see how it affects their powertrain. That'll never happen.

I can see how the oil filter could have something to do with it, but the exhaust and cold air kit don't seem to have much to do with the oil provided to the turbo bearing/shaft.

If you were running 1600+ EGT's, than the turbine bearing could get fried, but I imagine that is not the case with the minimal mods done to the truck. Plus there would be visible heat damage to the turbine/exhaust manifold.

If I were you I would go with buying the aftermarket turbo and chalk it up as a lesson learned. You'll spend more than that trying to fight this and still end up without a turbo.

 

Although OT's idea is definately imaginative, the bank/creditor is not going to care. They don't care about the problems, just the payment. Although this would show good faith, it wouldn't do him any good.

First, as the payment never made it to the account, he would still be deliquent on the account.

Second, his loan was to cover the cost of the vehicle and that note is between him and the creditor. They did not warrant the vehicle and will not allow themselves to be hostage over it.

And Last. We are talking about a large corporation or bank that loaned him the money. They will not waste the time and effort on this. They will simply reposses the truck after enough missed payments.

 

bigblock2stroke, my personal feeling is that the ultimate responsibility will fall on the customer to prove that his aftermarket products did not cause the bearing failure. [/FONT],
Sorry you are not correct in your felling of responsibility, and thank the world that we don't have your line of sight of obligation(are you a factory rep or what?) Magnusum Moss act of 75 requires the manufacture to justify the refusal of warranty service due to the installation of aftermarket product and the result of said product to have caused the effect of failure..IN SIMPLE TERMS YOU ARE THE SMALL GUY & THEY HAVE TO GIVE GOOD REASON ON WHY THEIR PRODUCT FAILED FOR NO GOOOOOOOOD REASON. Can you not see that he is being denied a repair for a simple accounting reason?
I hope that your door does not fall off & you hear the DEALER say" sorry you failed to have your transmission serviced @ 35K and you are out of warranty!@! JERK...
Since this is a non-member of this forum I will not waste my time to explain the right thing to do....
just my 2 cents since the rant icon is unavailable

 

i've got a feeling there's a few more chapters to that story. i think you could take the air cleaner off and drive the truck for five months without the turbo puking. the cylinder walls would most likely take a bigger hit. and what about the "high pressure pump" already being replaced. what is he using this brand new truck for anyway, something just don't quite gel.

 

What a waste of the first 100K of engine life!

I think he will find it a great time to upgrade the Turbo.......something is fishy here....I bet there was some kind of box removed! and they found out.......IMO his upgrades should of saved the turbo not hurt it......Once you start BOMBing these trucks it's not the hard for the dealers to figure out whats going on.....DC is trying to cut cost and and fixing BOMBed trucks is not in there plans....Hey it keeps us truck buyers price down too......If you play you pay

I am my own warranty station.....repeat that five times

 

Most dealers use a floor plan company to carry inventory. Once it is paid/financed for by the consumer the dealer is clear and FREE. That's why you see repo's in the Banks parking lot. T

 

Nope! Just when they use those parts as an excuse to deny a warranty claim.

It was always my understanding that the turbo was not really that vulnerable to the high EGTs, but rather the pistons themselves. At least that's the case with the PSDs.

To throw away a 100,000 mile warranty on a $9,000 engine is more of a waste to me than passing on a few LBFT or HP - at least in my opinion.

Neil

 

LRAmberson,

I'll bet you dollars to donuts if that case goes to court (regardless of what Magnusson vs whomever says), the guy doesn't get one dime.

"and thank the world that we don't have your line of sight of obligation"

If he had my line of sight, he wouldn't be in the mess to begin with.

 

No donuts please, too much sugar, dollars for dollars we are probably are not receiving the whole story....
I tried to access the forum that this information came from and could not do so, oh well.
So lets see how my dealer would react; I went to the dealership
Service Department and spoke to the Service Manager he informed me that he would deny repair if:
1) The turbo had a different management parameter,(a performance box) that would require the turbo to provide additional boost...
2) Extreme neglect of required maintenance & failure to provide service records.
I questioned if oil analysis was sufficient to provide the required service record and received a yes reply. (so I am still covered)
3) How about my air filter or a aftermarket filter? The manager reply: "If no visible foreign material in the intake track and supplied oil analysis & you would be covered also. The mechanic would be the inspector in this case and he would advise of a problem here".
He even went on to inspect my set-up and complemented on the size if the filter & the bypass oils filter. (hope he stays at the dealership for a while)
4) Aftermarket exhaust? "Helps the system expel excess heat and helps with efficiency so I still don't see a problem here"
The manager then questioned me on what problem I was experiencing for this line of questioning? I informed him of the refusal of service and provided him a copy of the forum. He said that I have too much time on my hands. After he read the forum thread he brought to light a couple of things he would like to interject into this subject and subsequent denial of service.
A) How was the condition of the truck when received, full of mud or in a abused condition? I can see his point here..
I believe the full intention of the service department is to provide service & if you screw it up you pay. If it fails due to manufacture flaw they pay, just some don't want to admit manufactured flaw. Any item mass produced will have a chance to have a problem..
A 50 cent bearing has produced enough energy to power your house for a day on the time spent in this thread...
Have a good day bigblock

 

these are a lot of good views from many different perspectives...i don't know the credibility of this guy, since (as i'm typing this reply) he only has 3 total posts and they're all in that one thread. i guess one of my main concerns is not necessarily the warranty situation (right or wrong on the part of the dealer), but as to would those 2 mods...intake and exhaust...cause such a big failure??
thanks
later, dustin

 

you are right that the pistons would get hurt the most but the higher the temp in the compresser housing the hotter the oil gets and coking occour's eventually plugging oil flow to the turbo failure will happen fast if there were mod's to this truck its possible this may have happened.