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Transfer Case Recall

belize1334

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Nov 18, 2003
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3,316
Location
Bozeman, MT
I know right? Another thread about this.

Anyway, I determined that my transfer case is leaking. Oil all over the underside of the car above the u-joint. Now, according to a notable transmission vendor who shall remain anonymous this is a SAFETY recall and must be performed on any vehicle showing symptoms REGARDLESS of whether it's been done in the past. He says that in Colorado people have to fight tooth and nail to get it done but that the dealership invariably caves. My question is, does anyone know of any written documentation which supports this position? I don't speak legalese but the verbiage of the recall doesn't make any reference to the number of times that service can/should be given.
 

iceman69510

Turn Right Racing
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Mar 5, 2001
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Michigan
I don't think that is the case at all. A manufacturer has a responsibility to correct a safety defect. Once the recall has been performed, that responsibility does not extend forever. That said, some manufacturers will do it more than once, but I don't believe you have a legal right to it. They do basically do a recall forever (the first time) but after 10 years the gov't won't really force them to do it.


You sure it is not a seal leak?
 

belize1334

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Nov 18, 2003
Messages
3,316
Location
Bozeman, MT
I'm not sure of anything... The seal looks good but who's to say?
 

Muskrat

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Jun 13, 2004
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2,107
Location
Lexington, KY
Recall kit is what, $30? and a little time to press in/out u-joints.

Nevermind if they should or not, is it worth fighting "tooth and nail" for? I could see if it was hundreds of dollars, but it's a pretty cheap fix. Do the seal while you're at it and don't worry any more. Sound like you might have the d/s out already anyway.
 

donniekak

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Jan 1, 2009
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748
Location
surprise az
Quoting iceman69510:
I don't think that is the case at all. A manufacturer has a responsibility to correct a safety defect. Once the recall has been performed, that responsibility does not extend forever. That said, some manufacturers will do it more than once, but I don't believe you have a legal right to it. They do basically do a recall forever (the first time) but after 10 years the gov't won't really force them to do it.


You sure it is not a seal leak?


The thing with the t-case recall is they don't "fix" it. It is returned to a state that will leak again eventually. A fix involves a redesigned part.
 

belize1334

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Joined
Nov 18, 2003
Messages
3,316
Location
Bozeman, MT
Quoting Muskrat:
Recall kit is what, $30? and a little time to press in/out u-joints.

Nevermind if they should or not, is it worth fighting "tooth and nail" for? I could see if it was hundreds of dollars, but it's a pretty cheap fix. Do the seal while you're at it and don't worry any more. Sound like you might have the d/s out already anyway.



It's only worth fighting if they give me a new t-case. But there's a decent chance that they might if it's gone an unknown number of miles without fluid. On the other hand, I am aware that it's never been run low 'cause I monitor it. But a new t-case is worth thinking about.

I agree that as a matter of principle the fix isn't a fix it's just a gamble and the fact that it can recur implies that they should be willing to fix it again. But in they're system it registers as already done and I don't have any evidence to document their ongoing obligation. I figure my only chance is to terrify them with horror stories of their liability if I drive away without them fixing it. But the dealership is 150 miles away which is a long way to go just to drive home again if they don't cave. That's why I'm beating the bush for some kind of leverage that I can use.
 

Brianawd

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Joined
Apr 18, 2005
Messages
2,117
Location
Portland OR,
Once the recall has been done they do not have to do it again. Your vin will show up as recall done.
 

iceman69510

Turn Right Racing
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Michigan
Quoting donniekak:
Quoting iceman69510:
I don't think that is the case at all. A manufacturer has a responsibility to correct a safety defect. Once the recall has been performed, that responsibility does not extend forever. That said, some manufacturers will do it more than once, but I don't believe you have a legal right to it. They do basically do a recall forever (the first time) but after 10 years the gov't won't really force them to do it.

You sure it is not a seal leak?


The thing with the t-case recall is they don't "fix" it. It is returned to a state that will leak again eventually. A fix involves a redesigned part.



There was a redesigned part. The plug in the yoke was changed to eliminate the leakage path.
 

belize1334

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Joined
Nov 18, 2003
Messages
3,316
Location
Bozeman, MT
^^ This I did not realize. In any case, my digging around the last few days has led me to believe that they are NOT under legal obligation to perform the recall a second time but that if you're pushy enough they will sometimes do it anyway. Seeing as it's a 3 hour drive to the dealership I'm not in a position to be pushy so I'll just go with what I got, keep the fluid topped off, and eventually perform the repair myself.
 

Brianawd

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Apr 18, 2005
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2,117
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Portland OR,
Just put some jb weld in the end of the yoke. Problem fixed!
 

Struc

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Joined
Nov 24, 2008
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764
Location
Oconomowoc, WI
I'll sell you an updated yolk for $20 shipped. /ubbthreads/images/graemlins/grin.gif
 
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