Broken Trannie and the law (READ THIS!)

["Mark Radelow" <rpcprod@hotmail.com>]

Your opinion is also the law.  Straight out of my Business Law book:

Chapter 20:  Sales and Lease Warranties

Implied Warranty of Merchantability

Implied BY LAW if the sellor or lessor is a merchant (aka dealership)

Implied that the goods
1.  Are fit for the ordinary purposes for which they are used.
2.  Are adequately contained, packaged, and labeled.
3.  Are of an even kind, quality, and quantity within each unit.
4.  Conform to any promise or affirmation of fact made on the container 
or label.
5.  Pass without objection in the trade.
6.  Meet a fair average or middle range of quality for fungible goods.

This law holds true the day you buy it, and till the car runs out of 
Lemon Law coverage (usually 10000k miles or 1 year).  In other words, 
you tell VW either they fucking pay for your goddamn car or you will sue 
them for breach of warranty under [UCC 2-314(1), UCC 2A-212(1)]
UCC= United States Civil Code

God I love the law :)

Mark Radelow
VW Jetta Homepage
http://jetta.aosi.net

>From: "Myron Ybarra" <YbarraRonTracey@worldnet.att.net>
>To: "GTI VR6 group" <gti-vr6@dev.tivoli.com>,
>        "Brown, Jeff L" <brownjl@UH2184P01.DAYTONOH.ncr.com>
>Subject: Re: Blown Tranny/YOU'RE GETTING SCREWED
>Date: Fri, 24 Oct 1997 09:43:52 -0700
>
>YES " you are getting screwed.  VW and the dealership MUST prove that 
you
>caused the failure.  I would not sign any waiver for future repairs on 
my
>transmission if I were you.  My philosophy is you purchased the car 
with
>tires, doors, and a warranty, all of which should work when needed.  
Not
>only is your car under the 10-100000 mile powertrain warrant but it's 
still
>under the original bumper to bumper 2-24000 warranty.
>
>Myron Ybarra
>MidKnight Motorsport
>
>----------
>> From: Brown, Jeff L <brownjl@UH2184P01.DAYTONOH.ncr.com>
>> To: 'Dubvee@aol.com'; 'GTI' <gti-vr6@dev.tivoli.com>
>> Subject: Blown Tranny
>> Date: Friday, October 24, 1997 5:14 AM
>> 
>> Hey I just blew my tranny too.  I have a stock 97 DE w/ only 2600 
miles
>> on it.  I blew a hole threw the tranny casing just like you two did. 
>> 
>> You said it was covered under warranty.  Is that correct?  My dealer
>> said it is not covered under warranty, but rather VW is helping me 
out
>> and performing a "goodwill" repair.  They also want me to sign some
>> papers so that they won't have pay for this if it ever happens again.
>> 
>> Am I getting screwed?
>> 
>> Jeff Brown
>> 97 DE
>> 
>> 	   Ran my car at import drag day this past Sunday.  First run
>> blew hole
>> 	through tranny case.  My friend who installed a Vr6 in his A3
>> 4cyl blew his
>> 	tranny also on first run.  The dealer said they never seen this
>> happen to a
>> 	VR6 tranny.  I had about 600 miles left on warranty so the
>> dealer installed a new tranny under warranty.  
>> --
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>


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