Transmission failure during warranty period

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roymc

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The transmission problem that I have was brought to the attention of Mr. Transmission during the 12 month/12,000 mile warranty period, at the scheduled service before the warranty expired, in August 2005. The rebuilt transmission had 9,032 miles on it and was beginning to fail. At 13,427 miles, and twenty months after the original $2,391.08 service the transmission suffered a catastrophic breakdown.

The transmission, when cold, would not engage in reverse for several seconds, and then would slowly engage, and I would be able to drive the vehicle. The manager checked the vehicle and performed the warranty service. He stated to me that he was unable to find any problem with the transmission at that time.

However, my 1998 Jeep Grand Cherokee was still hot from my driving to their location. It is not surprising that in the hour or so they serviced the vehicle that no problem was found.

I trusted in the honesty and integrity of Mr. Transmission. The issue was reported and duly noted during the warranty period. No attempt to replicate the issue was made. I felt that since I had reported the issue, if it continued or worsened I should still have warranty coverage as this would be an ongoing issue.

A thorough examination and replication of the conditions as stated by me would have reproduced the issue. The defective Torque Converter and any other defective, or damaged parts, should have been replaced during the warranty period.

I did have Mr. Transmission's professional assurance that there was no problem with the transmission.

The problem did continue. On April 20, 2006, when I started the vehicle, the transmission would not engage reverse at all. I checked the fluid. It was black, and not the normal red color.

I had the vehicle towed to Mr. Transmission. At this time I pointed out to Lowell Hester, the manager, that this was an ongoing problem that was brought to his attention during the warranty period. He checked the vehicle and reported that the torque converter, he believed, had failed causing a catastrophic parts failure. He stated that because he found no problem with the transmission, at the previous service, during the warranty period, that the warranty would not apply.

At this time the mileage on the transmission was 13,427, and only twenty months since the original service.

My questions and concerns:

Should the parts begin to fail before the warranty ends? Are they designed to fail after 12,000 miles? Was I unlucky that the parts began to fail prematurely? Was I extremely fortunate to have gotten 13,427 miles before a catastrophic breakdown? As a valued customer why were my concerns not addressed fully at the time they were brought to the attention of Mr. Transmission? Why will Mr. Transmission not honor the warranty?

At the first sign of a problem a serious attempt should have been made to detect the problem and rectify it immediately. I feel that I was reassured that no problem existed because the 12month/12,000 mile warranty was about to expire.

Certainly, a customer with an issue on a rebuilt transmission after only 9,032 miles should have raised a red flag. A failure that is detected early and fixed is best for all concerned. Quality parts should last longer than twenty months and 13,427 miles.

This suggests that the manufacturer, Mr. Transmission and Moran Industries do not stand by their product. The fact that defective parts were installed and a problem was brought to the attention of Mr. Transmission, who failed to provide a solution as is their responsibility, should cause Moran Industries and the manufacturer of the parts great concern.

Wouldn't the manufacturer want to have those parts captured and escalated to their engineering group to pinpoint and rectify the manufacturing process accordingly, to maintain quality.

I would have expected at least 60,000-80,000 miles from a quality transmission repair. Not 13,427.

I had believed that Mr. Transmission was a reputable firm. However, a reputable firm provides service to their customer's and listens to their concerns and takes appropriate action to rectify any problems that may arise. Especially when the warranty is still in place. As that is the appropriate time to address these concerns.

I consider this to be an ongoing issue that was not fixed during the warranty period. As such qualifies for repair under warranty.

The business is located in Sandy Springs, Fulton County, Atlanta, Georgia.

My questions: is there any protection for me under Georgia law, and should I pursue this in small claims court?

Thank you.

Roy McDonnell
 
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