[sperry]

Originally Posted by dknv

I keep wondering if this lockdown on warranty work is recent. I had my clutch replaced earlier this year under warranty, and my brake rotors turned a few months ago, under warranty - at Lithia. The custom exhaust was on there when they did the brakes, and the track stickers have been on the car since last fall, and never a word about them.

The service manager over at Carson told me they got a memo requiring them to report mods about a month and a half ago. But I couldn't get SOA to admit that, so I don't know which one of them is lying.

Here's a copy of the letter I'm going to send to the parties involved, as well as www.deniedmywarranty.org:

September 29, 2003

To Whom It May Concern:

On September 13th 2003, I brought my 2002 Subaru WRX in to Michael Hohl Honda Subaru in Carson City, Nevada. I had noticed CV grease leaking from the seal between the front left axle and the front differential. I had also noticed a clunking/clicking noise that occurred when applying and backing off the throttle. When I dropped off the car, I was asked if I had any engine modifications to the vehicle, to which I replied that I had replaced the exhaust.

The dealer’s service tech put the car on the lift and noted my aftermarket exhaust, rear swaybar, as well as a safety inspection sticker on the windshield. He immediately lowered the vehicle and reported his observations to the service manager, Jim Heinzen. Mr. Heinzen then called the district service manager, Pat Buckley, and told him that I have a race car with a bad axle. Mr. Buckley then denied my warranty for the axle repair.

When I discussed the issue with Mr. Heinzen, I asked what was wrong with the car. Mr. Heinzen couldn’t be specific, since his technician did not diagnose it. He told me he thought it was the axle. I asked why he believed my exhaust would cause my axle to fail. He explained to me that he is required by Subaru to report any and all aftermarket items to Subaru of America before he is allowed to work on a particular warranty claim, regardless of whether or not he believes my parts may have caused the problem. He suggested that I take up my issue directly with Subaru of America, and provided me with the proper phone number.

I called SoA and talked with Adam, establishing case number 537 790. Adam told me that it is the dealer’s discretion for determining the effects of aftermarket parts on warranty claims, and that SoA provides a contact if the dealer is unsure about whether or not to proceed with a warranty claim. He told me that the dealer is not required to report all aftermarket parts to SoA. Adam suggested that I contact the dealer about resolving my issue.

So I contacted Mr. Heinzen again to discuss my issue. He tells me that the main issue is not my exhaust, as I was originally led to believe, but that it was my safety inspection sticker that indicated that my car was being used as a track car. I told Mr. Heinzen that my car has never been on a racetrack. He tells me that the decision isn’t up to him, but that it’s SoA’s decision. I told him that Adam explicitly told me that the dealer is responsible for making the determination as to whether or not my parts or actions caused the failure. Mr. Heinzen tells me that Adam is “an idiot” and that he’s wrong because all dealers were given a memo requiring them to report any aftermarket parts to SoA, even things as common as aftermarket wheels. Mr. Heinzen reiterated that I will have to discuss my problem with SoA.

Back on the phone with Adam, he tells me my warranty repair was denied because my aftermarket exhaust creates significantly more power than the car does from the factory, and that power would cause my axle to fail. I explain to him that living at 4200ft, even with an exhaust, a WRX probably would not make even the stock 227hp because of lack of oxygen. He tells me there’s no way to prove the amount of power my car is making. So I ask him how can it be determined the exhaust caused my axle to fail, if it can’t be determine how much power it makes. Adam then tells me my warranty was denied because I’ve tracked my car. I tell him that my car has never been on a racetrack, and that my dealer improperly gave the district service manager that impression due to a safety inspection sticker. I also explain that it’s Subaru’s burden to show that my actions directly caused the failure of the axle, as per the Magnuson-Moss Warranty Act and their own warranty literature. Adam ignores my arguments, and explains that Subaru is “highly confident” in their decision to deny my warranty, the failure to the axle is my fault.

Having been road blocked for a week in all attempts to get my car repaired by the dealer, I brought it to a well recommended Subaru shop. They recognized the leaking CV grease from the current issue of EndWrench magazine, Subaru’s own service tech publication:

Grease Leaking From Inner Axle Joints
If you encounter a 1998 Subaru that has grease leaking out of the inner axle joint along the transmission splined stub shaft, the situation can be repaired by doing the following:
• Remove and disassemble both inner axle joints.
• Clean the grease from the joints.
• Inspect the “freeze out” plug that covers the splined shaft area in the base of the inner joints to be sure that the plug has not fallen out.
• If the plug has fallen out, it may be possible to reinstall it. Make certain you do not block the air bleed hole. This air bleed hole is located at a point around the outer
circumference of the seal plug. If the air bleed hole is blocked, then there is a possibility that the axle boots may be damaged.
• Install new grease P/N 28093TA000. (This grease is used on 1997 model year vehicles).
• Reassemble.
Available at http://www.endwrench.com/pdf/summer2003/INSIDERI.PDF

The technicians found the grease in my 2002 WRX to be the same grease that caused the leaks in the 1998 models. I had the inner CV cups repacked with the proper grease at a cost of $4 in grease and two hours in labor. The technicians also located the source of the clicking noise as a loose bolt on the left front lower control arm. A half turn on this bolt ended the clicking noise.

I’m highly disappointed with Subaru of America and Michael Hohl Subaru. I encountered resistance and incompetence at every level of my dealing with this problem.

First, the technician that initially inspected my car should have been aware of the known issue of CV grease leaks, especially since it was featured in the most recent EndWrench. Instead, a general “the axle’s bad” was the diagnosis given to the service manager. It was this incomplete diagnosis that was then repeated to the district service manager without the caveat that the diagnosis wasn’t complete. I don’t understand how a service department can feel confident to pass along an issue for warranty review when they admittedly don’t even know exactly what the problem actually is. How can someone decide an aftermarket exhaust or racing caused a problem, if no one even knows what the problem is? Furthermore, at no point was I consulted as to the meaning of the stickers until after the warranty was pushed to the district service manager. I find it ironic that they had no problem replacing the clutch in my car a year earlier with the same sticker on the windshield.

Second, no one that I talked to was aware of Subaru’s warranty or Federal law regarding warranty work:

"These warranties do not cover any part which malfunctions, fails or is damaged due to any unauthorized alteration or modification made to the car such as the removal of parts or the installation of parts, equipment or accessories or improper repairs or adjustment not approved or recommended by SOA."

"These warranties do not cover damage to a covered component directly caused by the failure of a non-covered part, accessory or occurrence of event."

"These warranties do not cover damage to any component that is the result of operating the vehicle in any competition or racing event."

These warranty restrictions mirror Federal law as described in the Magnuson-Moss Warranty Act (15 U.S.C. 2302(C)) which basically prevents a warranty from being denied due to aftermarket parts unless it can be shown that the aftermarket parts directly caused the warranted item to fail. At no point was Subaru willing to demonstrate that my modifications or actions caused my problem. The best I got was a claim that they were “highly confident” in their decision that I had caused my problem. This strikes me as fairly ridiculous, considering that my problem occurred at the factory when the wrong grease was put in the inner CV joints. I’d very much like SoA to explain how my exhaust caused that to happen. I would also like to know how a sticker can be considered proof that my car has been on a race track.

In addition to the incompetence described above, I found the whole warranty process to be flawed and unreasonable. Throughout the whole issue, I never encountered anyone that was willing to take responsibility for my situation and attempt to help me resolve it. The dealer consistently indicated that I had to take it up with SoA, while SoA consistently indicated that I had to take it up with my dealer. Eventually, both parties pushed the responsibility of a final decision to the district service manager, Pat Buckley, whom I was not allowed to contact, and who never spoke with me or saw my car. This does not sound like a method for fairly resolving warranty issues, it sounds like a method for consistently denying warranty issues without giving the customer recourse for defending their rights as provided by Federal warranty law. The only option this leaves is legal recourse, which is ridiculous, considering the repair was less than $200. I would think pleasing their customer with good service would be far more beneficial to them than the $200 it would have cost them to fix my car, especially when it comes time for me to buy my next vehicle.

The bottom line is this: I am highly displeased with the way I’ve been treated by the service side of Subaru. I have never been the recipient of decent customer service without fighting some sort of battle with a dealer or Subaru of America. (See SoA case number 374 524 where Subaru attempted to deny warranty work for a known defect with my clutch.) Subaru makes some of the world’s best cars, but when something goes wrong, they do everything they can to force the problem back on the consumer. With service like this, it seems my only option is to protest with my wallet by buying only used Subarus, or by taking my business to another manufacturer.

Sincerely,
Scott Perry

I'd love some SECCS feedback on this before I send it off, so lemme know what you think!