windshield repair = mold

[sparky472]

What is the name of your state? Texas

Bought a brand new car 3 months ago. Last month I had to have the winshield replaced due to a rock. The glass company (nationally owned) came out and replaced it. A couple days later I noticed that there was an air leaak. They came out again to try and seal it, but it was still there. It rained that night and the next day there was a big puddle of water on the floor of the car (it's not carpeted, but there is padding beneath the floor). I call again, he sprays water and the thing is leakin all the way across the to and corners of the windshield. They seal all around. Seemed to have finally fixed the leak.

However, the car now smells awful. Moldy. I can barely get in it the smell is so bad and have to drive with the windows open. I get a headache from even being in it for 15 minutes.

Tomorrow, I plan on calling them and telling them I want them to rectify this by paying all costs associated with cleaning the mold. I don't expect them to just say "OK."

I feel I should stick to that request though. So what should I do if they flat out refuse? Do I have legal recourse?

 

[sparky472]

I found this on the company's Web site:

EXCLUSIONS
IN NO EVENT SHALL SAFELITE® BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In addition, damage not involving defective workmanship or materials is expressly excluded from coverage under this warranty. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state.

Does anyone knowwhat Texas law says about this or how I find out?