Implied Time limit?

[Disabled Vet]

Hi Everyone,

A local Dodge dealership had a flyer in the local newspaper. There were two parts to this ad. On the left side of the ad it stated Diesel offer Right side Car

Diesel Special
4 Diesel Oil Changes
$179.99
Save $220 Regular $399

Dodge trucks only. Some restrictions may apply.

Expires September 2013 <<<<----- offer of purchase expires.


AND

10 Oil Changes
Only
$99 Plus Tax
Includes up to 5 quarts standard oil, filter, complete lubrication service and 27 visual points inspection.
Limted to one vehicle only.
Must be used within a five year period. Diesel and synthetic oil excluded
Expires September 2013 <<<<----- offer of purchase expires.


So i purchased both offers for my Diesel truck and wife car. I have the purchase invoice from the dealership. No where on the purchase invoice does it state that the diesel offer has a expires date. Purchase invoice states this. (1) PURCHASE OF OIL CHANGE PKG FOR DIESLE


I have used the oil change for my wifes car several times. I thought.... I had used it once for my truck but upon looking at the repair invoice for replacement of U-Joints, oil change they charged me for the oil change as well. When it should have been free. My wife picked up my truck from that repair and I didn't look at the invoice until this issue came up.

I went in last week for a oil change on my truck and was told. That offer had to be used within 2 years. Of course i was stumped at my calls for oil change between 8-12k miles. being a disabled vet i don't drive much so there was NO way i would have purchased this knowing it had to be used within the 2 years. As clearly stated on the Car oil change it must be used within 5 years. The service manager stated that i was told at the time of purchase. I came home and got the orginal paper ad and the purchase invoice. I presented it to him and asked him.... Where does it state it must be used within 2 years. He said... You were told this. I wasn't told that.

So my question is this... Is this a small claims court issue? Can the dealership make a verbal time limit on the contract for one of the items but put the "To be used within 5 years on the other?" I think that unless it's on the ad or purchase invoice it doesn't apply.

Thanks,
Michael

 

[army judge]

The wiggle room might be in the phrase, "some restrictions may apply".
In any case, if both parties disagree, the answer will be pursued in a small claims court room.
The purchase price was $180.
Somewhere between what you paid originally, and what your wife paid lately, you'll be required to illustrate damages.
Overall, it's likely to be a 50% shot at achieving a small modicum of success.

 

[Disabled Vet]

Rgr that...

But. with the saying some restrictions apply. Wouldn't those restrictions be on the purchase invoice? Also if filed in small claims.. would the filing be done in service manager name and dealership?

 

[txls]

You could also try to speak with the General Manager or Dealer. If you can't get a meeting or phone call with either a letter might help. I would at least try that before going to the expense of small claims. A complaint to the BBB might get some results and that is free to you. Any complaint would be directed to the dealership, not the service manager.

 

[army judge]

Rgr that...

But. with the saying some restrictions apply. Wouldn't those restrictions be on the purchase invoice? Also if filed in small claims.. would the filing be done in service manager name and dealership?

You can file against the dealership.
I'd also request a summons be issued for the service manager because you and he had a conversation(s) about this matter.
You want to get him to testify under oath that you and he DID have the conversation(s), and that he interpreted the policy such that it had expired.
If you don't subpoena him, no telling what the dealership might try to say.

The argument you might make is that the "oil change policy" for gasoline engines was five years.
That policy was clearly revealed in their ad.
It was, in fact, that policy that drove you to decide to buy BOTH deals.
That, my friend, is the argument you make.