colin204

I took my car in this week to have the recall completed along with a few other waranty items and the dealer refused to do the 4206F recall because of the turbo on my vehicle. I told the dealer all I wanted was the new flash but he said the mazda district rep said no. Has anybody else with turbos had problems getting the new flash?

Stavesacre21

oh snap!

i wouldn't think that they could deny you ther reflash of the ECU even with a turbo...it's not like it's warranty work.

Then again, if you've added a turbo, do you really want a stock flash? I could be slightly off in my conception of the ECU's purpose, but I thought that some very intense tuning was called for in the case of a turbo...which would have something to do with the ECU.

Just a thought...but from my understanding SO FAR, you might not want the reflash.

help me out guys...is this flawed?

mysql101

the reflash gives him better OMP routines... it's really not a problem for his car with a turbo.

I think it's stupid they're not giving him the reflash.

rotaryxlr8

I can respect the dealer's choice not to do the work. They have absolutely no idea how the car runs with the turbo on it. Thus, they would have absolutely no idea how the reflash may impact the way the car runs. In their minds, worse case scenario is that if they did reflash and car ran like crap or doesn't run at all after, they would be obligated to work on it even though it's not a factory turbo since they knowingly did the work with the aftermarket turbo. If the problem was transmission or some other non-computer/motor related service, then I would definitely question the refusal of service.

Clavius

Ask for the Mazda District Reps name and number and talk to him personaly. If they refuse then something is up I'd say. I can understand part of their "Fear" if you will with the Turbo, but they still should be able to do the CAT test and give you the flash. I would understand them not being able to do the vacum test.. again get the Rep's number or all else email and talk to him.

Mugatu

iTrader: (1)

why would they be obligated to work on the car? his warranty is voided - no question. they don't HAVE to do anything.

nycgps

iTrader: (1)

Worst case scenario , you might have to pay them an hour or 2 to do the reflash, because this is an EMISSION update and its required by law. They CANT refuse it.

Without it, u cant even renew your registration (Some states)

Acclaim99

Guess I won't bother with this recall then :-\

mysql101

No, his warranty is still valid and functional.

However, if he has problems with his engine or transmission, they might not do the work under the warranty because of the turbo. Remember that only a few parts of the car interact with the turbo, there's a lot more to a car than just the engine.

rotaryxlr8

His warranty is not void for the whole car. His warranty is likely voided toward things that may be affected by the addition of a turbo. Because of this, I agree...they don't have to do the warranty repair, which was what I posted to begin with.

tdiddy

Isn't the warranty void for the ECU also because he must have some sort of aftermarket engine management?

mysql101

the voiding part comes into play because there is no way for them to know if the engine/transmission was damaged by hardware failure, or by the turbo.

The ecu isn't going to be damaged by the fuel piggyback systems..... also ecu flashes should count as emissions related updates.

colin204

They told me the distrist rep was at the dealership when my car was there and he was the one who said no to the recall. He is supposed to call me on Monday to discuss. All I am wanting is the flash because of the oil metering adjustment.

I offered to pay for the reflash since Mazda refused it and the dealer said no.

Tirminyl

I have not read anyones response but uh, why in the world would you want a stock ecu flash for your turbo'd car?

nycgps

iTrader: (1)

Thats complete bullshit, Dont wait for them to call you on monday, you should call them on monday, tell them about the Mos Act, your car's warranty still there and if they dont do the recall, they will(and Mazda) see lawyer's letter. No Im not kidding.

Not like your ECU or anything are not functional, u just want them to update the ECU, it has nothing to do with the turbo.

Get the whoever Mazda Rep's name and number, speak with him personally, obviously the Rep doesnt know **** about laws.

mysql101

Try reading post #3 in this thread.

Tirminyl

Thank you for the link to post #3 in the Emission Recall Refused thread.

chrism

The Magnuson-Moss Act
Protecting tweakers, tuners, and other users of aftermarket equipment.



FANNING FEARS


You want to upgrade your vehicle with aftermarket equipment, but you’re worried about putting the vehicle’s warranty at risk. It’s no wonder. How many times have you heard somene of a dealership say that installing aftermarket equipment automatically voids the warranty? This common misconception has been repeated often enough to be widely believed – though it is completely false.


Fact: Dealers don’t like warranty work, because it pays less than normal repair work. By promoting the myth that aftermarket equipment automatically voids warranties, some dealers avoid such low-paying work. Instead, they attempt to charge customers the prime service rate for work which is rightfully done under warranty.




THE TRUTH


Most vehicle owners are not aware they are protected by federal law: the Magnuson-Moss Warranty – Federal Trade Commission Improvement Act of 1975. Under the Magnuson-Moss Act, aftermarket equipment which improves performance does not void a vehicle manufacturer’s original warranty, unless the warranty clearly and conspicuously states that aftermarket equipment voids the warranty. Most states have warranty statutes, as well. Which provide further protections for vehicle owners.


In other words, that means a dealer can’t wiggle out of his legal warranty obligation merely because you install aftermarket equipment. To find out if any aftermarket equipment automatically voids your vehicle’s warranty, check the owner’s manual. It is likely the language you are looking for appears under a heading such as “What Is Not Covered” Although the language seems negative, remember your vehicle manufacturer is simply saying he does not cover the aftermarket products themselves. He is not saying that the products would void the vehicle warranty.


VEHICLE DEALERS OBLIGATIONS

Suppose your modified vehicle needs repairs while still under warranty. Without analyzing the true cause of the problem, the dealer attempts to deny warranty coverage. He made his decision simply based on the fact that you’ve installed aftermarket equipment – a convenient way to dodge low-paying warranty work.


An example of how ridiculous this can get is the man who was denied warranty coverage by a dealer on his power door locks, because he had improved his exhaust system! Sounds nuts? It really happened – because that man did not know his rights and challenge the dealer’s decision.


Fact: A dealer must prove – not just say – that aftermarket equipment caused the need for repairs before he can deny warranty coverage on that basis.


YOUR RIGHTS


Point out to the dealer the provision of the Magnuson-Moss Act- Require that he explain to you how the aftermarket equipment caused the problem. If he can’t – or his explanation sounds questionable – it is your legal right to demand he comply with the warranty.


Fact: If you are still being unfairly denied warranty coverage, there is recourse. The Federal Trade Commission, which administers the Magnuson-Moss Act, monitors compliance with warranty issues. Direct complaints to the FCT at (202) 326-3128.


DODGE MOTORS

“Certain changes that you might make to your truck do not, by themselves, void the warranties described in this booklet. Examples of some of these changes are: installing non-Chrysler parts, components, or equipment.” – 1997 Warranty Information supplement to Dodge


Owner’s Manual:

GENERAL MOTORS CORPORATION

“If a Chevrolet part fails due to a defect in material or workmanship not related to (on aftermarket products) or the labor to install it. Chevrolet would be responsible for covering the failed part.” – Chevrolet Customer rearistance Center


FORD MOTOR COMPANY:

“Installation of a non-genuine Ford item does not, in and of itself, render warranty void.” – Ford Owner Relations Division

FEDERAL LAW


In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall. . .fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules . . . require inclusion in the written warranty of any . . . exceptions and exclusions from the terms of the warranty.’ – Magnuson-Moss Warranty & Federal Trade Commission improvement Act. Section 2302(a)

tmak26b

At this point, why would you argue with them? Even if you win, they might not treat your car the way you want it to be treated. Just go to another dealer and call it a day, dont offer to pay for the flash neither.

Japan8

As someone else mentioned... the flash ISN'T a warranty REPAIR. It's a recall. Recalls cover cars that are long gone beyond warranty period. They do recalls on 10 year old car that have been found to have a major saftey defect... and this recall becomes mandated by the government. It's not a CHOICE on mazda's part... it's a requirement.

Giving you the extended warranty after the recall... now that's Mazda's choice. SOme goodwill for PR.

r0tor

iTrader: (1)

because of our lawyer happy country, you will probably have to sign a waiver that states you will not hold Mazda accountable if your car blows up after the reflash

Tirminyl

And I wouldn't blame Mazda if they did require him to do that.

Digital_Damage

Because you have the turbo they have a valid argument to void the warranty on...

Engine
Trany
CPU
Electrical System
Air Sensors
Oil Pump
Fuel Pump
Injectors

That is the game you play when turning the wench.

Now I can't figure out why they would not reflash the unit when you offered to pay.

staticlag

Exactly, in this case that is what they would have to do. And they simply don't want to bother with that expectation.

The legal fact is that if he pays for/recieves a service that he and the provider both expect to benefit the end user, then the service provdier is held legally accountable for the effects of that service on the end usability of the item.

In other words, YES, if they do flash his car and for some reason the car ***** a brick and the turbo destroys itself then they would be legally obilgated to fix all of his aftermarket parts. And since mazda itself doesn't cover anything aftermarket the dealership would be right out of pocket on this one. The same principle applies if it was a stock car, they cant administer the flash and return an unworking car, the law doesn't work that way.

Just as if you had dropped off a VCR at BestBuy for a standard head cleaning, you and them except the service to benefit the product, they can't return the item in unworking condition if they agree to preform the service.

pr_soldier

hey you are not the only one. i took my 8 for that recall and i was refused to get it done because i have a turbo, i even ask like you about the ecu reflash and still been denied to get it done.