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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| Oil. New engine. Full pardon?
Many of you have been subjected to my oil consumption saga over at
BW. Your support has been appreciated. Good news: my new engine
has arrived from Germany. MB has agreed to provide me with a 48
month/100,000 mile extended warranty that takes effect upon expiration
of the factory warranty. Here's the rub (there is ALWAYS a rub):
I am required to sign a Release Agreement that includes the following language:
"It is understood and agreed that for and in consideration of the full discharge
of any and all past, present and future claims for or with respect to any losses or
damages of any form whatsoever alleged to have arisen as a result of Releaser's use of
a 2005 SLK350 vehicle, . . .and in full and complete discharge of any asserted claims and
claims that could be asserted in the future by Releasor, Releasor's heirs, representatives,
successors and assigns arising out of the use of the 2005 Vehicle, and thereafter, as a result of the
alleged actions or omissions of Releasees, all of which are expressly denied, Releaser
will receive the compensation specified herein." [the extended warranty] "This Release
agreement applies to all claims, whether known or unknown, . . ."
So, God forbid, should an airbag fail 2 years from now resulting in serious injury to my
daughter as I drive her to soccer practice, I am to forego any claims against MB to cover
medical expenses? I don't think so.
BTW, I must share all this with you now because once I sign a release, "Releasor agrees that the
content of this Release, including consideration paid and items provided. . .are not to be
discussed, inferred or referred to in any way by Releasor or counsel for Releasor. . ."
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fgwinn
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
So, do you have to sign this when you pick up the car after the engine is swapped? Or can you just decide not to take advantage of the extended warranty? It seems that it would be less risky to just purchase an extended warranty. At least then you would not have to give anything up except for a few thousand dollars for the extended warranty.
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
fgwinn - 5/10/2006 9:52 PM
So, do you have to sign this when you pick up the car after the engine is swapped? Or can you just decide not to take advantage of the extended warranty? It seems that it would be less risky to just purchase an extended warranty. At least then you would not have to give anything up except for a few thousand dollars for the extended warranty.
Thanks for your input. In order to obtain the extended warranty, I must sign the release
before the new engine is installed. I could elect to receive the new engine without the added
warranty; however, I negotiated for a warranty to counter what I believe had been fraudulant
actions or at least bad faith dealings by MB. I believe that an extended warranty at no charge is the
very least I should expect given the denials by MB Westmont that I have had to fight
for over a year. MB has been anything but cooperative. Also, an extended
warranty compensates somewhat for the fact that the new engine is to be installed by
local mechanics, not factory installed. If I had not confronted MB with the smoking internal
memo provided by Ianx, our moderator, I would still be just "topping off" the oil. Cover up
and/or convenient ineptitude is what has been dished out since I discovered the excessive
oil consumption last year. It has been a nightmare. |
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etyu
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
What advice have you gotten from your two lawyer friends? If it was their car, would they take the extended warranty and sign the release? or purchase the extended warranty when it is near the end of the original 4 year warranty? I pray that the engine installation would go without problems, no leaks, etc. and that you will be happy with the R171 and it would be like getting another new car.  |
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fgwinn
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
Denial and deception are part of the DNA of many large corporations. Fortunately the Internet levels the playing field a bit and consumers can usually verify that they are not the only one experiencing a particular problem.
bclark - 5/10/2006 11:39 PM
I believe that an extended warranty at no charge is the
very least I should expect given the denials by MB Westmont that I have had to fight
for over a year. MB has been anything but cooperative. Also, an extended
warranty compensates somewhat for the fact that the new engine is to be installed by
local mechanics, not factory installed. If I had not confronted MB with the smoking internal
memo provided by Ianx, our moderator, I would still be just "topping off" the oil. Cover up
and/or convenient ineptitude is what has been dished out since I discovered the excessive
oil consumption last year. It has been a nightmare. |
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Malibuite
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
bclark - 5/10/2006 10:20 PM Many of you have been subjected to my oil consumption saga over at BW. Your support has been appreciated. Good news: my new engine has arrived from Germany. MB has agreed to provide me with a 48 month/100,000 mile extended warranty that takes effect upon expiration of the factory warranty. Here's the rub (there is ALWAYS a rub): I am required to sign a Release Agreement that includes the following language: "It is understood and agreed that for and in consideration of the full discharge of any and all past, present and future claims for or with respect to any losses or damages of any form whatsoever alleged to have arisen as a result of Releaser's use of a 2005 SLK350 vehicle, . . .and in full and complete discharge of any asserted claims and claims that could be asserted in the future by Releasor, Releasor's heirs, representatives, successors and assigns arising out of the use of the 2005 Vehicle, and thereafter, as a result of the alleged actions or omissions of Releasees, all of which are expressly denied, Releaser will receive the compensation specified herein." [the extended warranty] "This Release agreement applies to all claims, whether known or unknown, . . ." So, God forbid, should an airbag fail 2 years from now resulting in serious injury to my daughter as I drive her to soccer practice, I am to forego any claims against MB to cover medical expenses? I don't think so. BTW, I must share all this with you now because once I sign a release, "Releasor agrees that the content of this Release, including consideration paid and items provided. . .are not to be discussed, inferred or referred to in any way by Releasor or counsel for Releasor. . ." The release shold be limited only to any future claims in regard to the engine. Applying it to the whole vehicle is totaly unrealistic. |
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Dinoman
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
Bclark, Although your extended warranty is not required by any U.S. safety regulations, it is highly unlikely that, in the event of injury due to a safety-related malfunction, MB would be able to hide behind its disclaimer (by the way, in the law, this is known as a "contract of adhesion," i.e., "take it or leave it"). Federal safety regulations would trump any attempted evasion of responsibility by MB, since the purpose of said regulations is to protect consumers of automobiles sold and operated in this country. The bad p.r. alone, should this type of irresponsible behavior be disclosed, would give MB a black eye which, at the present time, it can hardly afford in such a lucrative market. Good luck with your new engine. I hope that it restores your faith in your SLK, if not in MB itself.  Dinoman |
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
Thanks all!
Both my atty friends advise me not to sign and have
offered alternative language; one said MB's release
was "disturbingly oppressive." I will amend the document
to have the release apply only to now know claims and
damages and will include engine replacement as part
of the terms rather than just the warranty offer and ALL
past, present, and future claims. I'll let them have the
confidentiality restriction. You'll know no details mean
a good outcome was reached.
Best to all,
Bill Clark
p.s. I do love my SLK! |
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
GOOD NEWS!
I'm not aloud to share the details  ; however,
after months of  ,
efforts met with  , MB has agreed
to what I believe to be a fair resolution 
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| Re: Oil. New engine. Full pardon?
Addendum: that was truly not a purposeful slip (aloud for allowed);
not consciously purposeful, that is. |
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Duo-Art
Date registered: Dec 1899
Location:
Vehicle(s):
| Re: Oil. New engine. Full pardon?
Let me guess, They gave you an SLR and shot the salesman and the engineers in Germany. |
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| Re: Oil. New engine. Full pardon?
Duo-Art - 5/17/2006 6:20 PM
Let me guess, They gave you an SLR and shot the salesman and the engineers in Germany.
Well. . . o.k, maybe what I got wasn't THAT fair  |
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etyu
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
bclark - 5/17/2006 12:57 PM
GOOD NEWS!
I'm not aloud to share the details ; however,
after months of ,
efforts met with , MB has agreed
to what I believe to be a fair resolution
Heh, Heh, You can share it 'softly". I also noted that you corrected this in a subsequent post. As long as you are satisfied with it, then that's all that matters. Let us know how the new engine is. Remember: breaking-in period, drive only on C mode for the first 1000 miles, etc. Let us know if this new batch of 272 3500cc engine has solved the oil consumption problem. My guess would be that it did and you would be all smiles. |
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Ynot
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
bclark - 5/17/2006 1:57 PM GOOD NEWS! I'm not aloud to share the details ; however, after months of , efforts met with , MB has agreed to what I believe to be a fair resolution :cheers: woohoo, nightmare sounds like it's over, glad you got that all resolved. |
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
Thanks, all  |
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
Dropped the car off this a.m.
Everybody at the dealership was
on their very best behavior, going
over the list, and checking it twice,
and then again.
"We'll go over the entire car; it'll be
just like right out of the factory."
We shall see. . .  |
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etyu
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
bclark - 5/20/2006 10:28 AM
Dropped the car off this a.m.
Everybody at the dealership was
on their very best behavior, going
over the list, and checking it twice,
and then again.
"We'll go over the entire car; it'll be
just like right out of the factory."
We shall see. . . :err:
Please keep us posted. Don't forget the break-in period of 1,000 miles.
When do you get the car back? |
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
GOT IT!!!!!
They pulled the old engine on Tuesday, dropped in the new one
on Wednesday, test drove it on Thursday (120 miles added by
service tech!), decided the AC was too loud (I never noticed) so
put in a new AC blower on Friday along with a complete no-
charge detailing rock chip touch up job, and I picked it up this
a.m.
Of course, the very first time I parked it, on the way home at
a Walgreeen's, a clunker parked next to me and dented the
passenger's side! I swear, they do it on purpose (my '95
Explorer rarely gets dinged).
BTW, had an informative discussion over the phone with a
"ChipShield" guy this a.m. about VentureShield, 3M, and Avery
Film. Details to follow. . . |
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etyu
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
Good to hear the good news. Keep us posted on oil consumption. Perhaps a visit to the paintless dent removal place (cost about $60/dent). |
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bclark
Date registered: Dec 1899
Location:
Vehicle(s):
| RE: Oil. New engine. Full pardon?
etyu - 5/27/2006 10:09 PM
Good to hear the good news. Keep us posted on oil consumption. Perhaps a visit to the paintless dent removal place (cost about $60/dent). :)
That's 1/2 what the dealer charges |
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