wallywagger
Junior Member
What is the name of your state (only U.S. law)? from Utah
Hi all, I'm wondering if I should go to small claims with my situation. Mainly wondering if ya'lls opinion thinks I would win. Here are the facts.....
After the transmission on my girlfriends 1988 S10 died, we decided that buying a used salvaged tranny was our only option.I did my online research, and I was very much aware of the risks involved with a used trans.I purchased a 1988 S10/S15/SONOMA Transmission, w/68000 miles, VIN:1GCCT14R4H8150967,from a auto salvage yard in Lehi,Utah, on 05/26/11. Total amount was $453.69.When I picked it up there was a tag attached to it that stated "Transmissions are guaranteed to work properly at the time of purchase. Gears are guaranteed to be in good condition at time of purchase.""New fluids, filters, seals, and gaskets must be used in installation of part. Engine oil must be of the proper viscosity for the season of the year and transmission oil must be the type recommended by the manufacturer of the vehicle.""We reserves the right to request documentation on the install as proof that all install requirements are met. This includes and is not limited to receipts, visual inspection or any other means we feel necessary to prove that all preinstall requirements have been met."Any deviation from these instructions, and the warranty is null and void. My truck was already at Tanner's because I needed to take the old tranny with me to make sure it was the same, and for core. When I dropped it off with the tranny shop, we (me and my friend )discused with the tranny shop employee the need for additional services, and parts installed, so as not to void the warranty. The original bid that I had from the tranny shop was for $435.00 labor + tax and oil.Before I left I was assured that all of the gaskets, filters, and seals nessesary would be replaced and that the tranny lines would be flushed. They called the next day and said it was done. They charged me a additional $272.23 above the original bid of $435.00 +tax+fluid. The bills total was $784.67. Their cost summary broke it down as follows: Labor;$592.45 Parts;(which included tranny fluid) $102.30 Supplies; $39.62 Tax; $50.30.
I was a little upset at having to pay almost $300 more, but since I had added the seals,gaskets and filters, and trans lines flush to the order I felt that it was justified. He assured me that everything had been installed and that I was good to go. Had I looked carefully at the invoice though, I would have noticed that there was no mention of a front seal.
After two days I noticed a small fluid leak. I took it back to the tranny shop to check. I left it over night and the next day they called and said it was fixed. I brought it back home and after about two weeks it began leaking worse than before. I couldn't return it back to the tranny shop at that time because my girlfriend needed it for work. So we just checked the fluids everyday and made sure it was topped off. Finally on Oct 7,2011 we were able to return it and drop it off for them to look at. I had already noticed that the invoice did not include a front seal and that any hopes of a remedy with Transwest was gone along with my warranty. Transwest had told me that after sitting on a shelf for years, the seals dry up and shrink. That is why they insist that they be replaced. They said that they inspect the tourque convertor shaft for wear, and by doing so, they can tell if the front pump seal and bushing are ok before they warranty their transmissions. When I called the tranny shop back on Oct 11th,he told me that he was not going to eat the cost of labor to tear it out and check it, and that he knew it was the front pump seal that was leaking, and it had nothing to do with not replacing the front seal. He never explained why he didn't replace the front seal, but he lost his temper and yelled at me and hung up. A little while later he called and said that they had pushed my truck outside and the keys were in it. When I went to get it, he again became abusive, told me that I should go back to to the auto salvage yard in Lehi,Utah,. He wouldn't even let me try to explain that I had no warranty with the auto salvage yard in Lehi,Utah,, because he had failed to put in the front seal. Thanks Wally
Hi all, I'm wondering if I should go to small claims with my situation. Mainly wondering if ya'lls opinion thinks I would win. Here are the facts.....
After the transmission on my girlfriends 1988 S10 died, we decided that buying a used salvaged tranny was our only option.I did my online research, and I was very much aware of the risks involved with a used trans.I purchased a 1988 S10/S15/SONOMA Transmission, w/68000 miles, VIN:1GCCT14R4H8150967,from a auto salvage yard in Lehi,Utah, on 05/26/11. Total amount was $453.69.When I picked it up there was a tag attached to it that stated "Transmissions are guaranteed to work properly at the time of purchase. Gears are guaranteed to be in good condition at time of purchase.""New fluids, filters, seals, and gaskets must be used in installation of part. Engine oil must be of the proper viscosity for the season of the year and transmission oil must be the type recommended by the manufacturer of the vehicle.""We reserves the right to request documentation on the install as proof that all install requirements are met. This includes and is not limited to receipts, visual inspection or any other means we feel necessary to prove that all preinstall requirements have been met."Any deviation from these instructions, and the warranty is null and void. My truck was already at Tanner's because I needed to take the old tranny with me to make sure it was the same, and for core. When I dropped it off with the tranny shop, we (me and my friend )discused with the tranny shop employee the need for additional services, and parts installed, so as not to void the warranty. The original bid that I had from the tranny shop was for $435.00 labor + tax and oil.Before I left I was assured that all of the gaskets, filters, and seals nessesary would be replaced and that the tranny lines would be flushed. They called the next day and said it was done. They charged me a additional $272.23 above the original bid of $435.00 +tax+fluid. The bills total was $784.67. Their cost summary broke it down as follows: Labor;$592.45 Parts;(which included tranny fluid) $102.30 Supplies; $39.62 Tax; $50.30.
I was a little upset at having to pay almost $300 more, but since I had added the seals,gaskets and filters, and trans lines flush to the order I felt that it was justified. He assured me that everything had been installed and that I was good to go. Had I looked carefully at the invoice though, I would have noticed that there was no mention of a front seal.
After two days I noticed a small fluid leak. I took it back to the tranny shop to check. I left it over night and the next day they called and said it was fixed. I brought it back home and after about two weeks it began leaking worse than before. I couldn't return it back to the tranny shop at that time because my girlfriend needed it for work. So we just checked the fluids everyday and made sure it was topped off. Finally on Oct 7,2011 we were able to return it and drop it off for them to look at. I had already noticed that the invoice did not include a front seal and that any hopes of a remedy with Transwest was gone along with my warranty. Transwest had told me that after sitting on a shelf for years, the seals dry up and shrink. That is why they insist that they be replaced. They said that they inspect the tourque convertor shaft for wear, and by doing so, they can tell if the front pump seal and bushing are ok before they warranty their transmissions. When I called the tranny shop back on Oct 11th,he told me that he was not going to eat the cost of labor to tear it out and check it, and that he knew it was the front pump seal that was leaking, and it had nothing to do with not replacing the front seal. He never explained why he didn't replace the front seal, but he lost his temper and yelled at me and hung up. A little while later he called and said that they had pushed my truck outside and the keys were in it. When I went to get it, he again became abusive, told me that I should go back to to the auto salvage yard in Lehi,Utah,. He wouldn't even let me try to explain that I had no warranty with the auto salvage yard in Lehi,Utah,, because he had failed to put in the front seal. Thanks Wally
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