Black Betty

iTrader: (60)

Almost all of what you are saying in this post is indeed correct my friend. I just hung up the phone with Infiniti Consumer Affairs regarding this issue. I was told that if I had all of the required maintenance performed at an Infiniti dealership that they would take care of everything with no problems. He said if I didn't have Infiniti maintenance records it would depend on the situation. He said if the engine were opened up and it is full of sludge or there is eveidence of improper care and maintenance or abuse or neglect and no maintenance records, then I'd have a problem with a warranty claim. I asked him what if I performed maintenance myself. He said that if I do that I need to keep a written maintenance log with dates and mileage (I do), and that I would need documentation of the parts and supplies used, such as receipts showing the actual oil and filter purchased, and if this is done that the company will honor the warranty. He specifically stated that the oil filters need not be OEM but they must be for the proper application. He said in cases where maintenance is performed by parties other than the dealer, "Infiniti tends to be lenient on the side of the customer if it looks like everything has been done like it should". Translation: "We will try to scare you into using the dealership to do all your maintenance at a premium price by telling you that you may not be covered, but in the end if you've done what you are supposed to do in taking care of your car properly and call our bluff when we try to deny you, we'll pay up like we are legally obligated to do."

I don't get the impression that any member of this forum or any Infiniti owner period intends to neglect or do anything harmful to their $40K+ investment. It's just a shame that infiniti intends to make customers with legitimate claims jump through hoops to keep from paying what they owe. But they're no worse than any other company out there doing the same thing to maximize profits. Thanks for telling me where to go to get a definitive answer to my question.

SLaPiNFuNK

Glad you got it soarted out then...

I just want people to know what needs to be done for things to be taken care of as easy as possible IF a problem comes up...

dmkozak

iTrader: (1)

Actually, Magnuson-Moss says the manufacturer/distributor can not require the use of "their" parts. That is all it says. If you are going to bring suit to require NNA to honor the warranty, you will have to prove the non-Nissan part did not cause or contribute to the failure.

P.S. Please follow your own advice.

Motor25

The law means that the use of an aftermarket part alone is not cause for denying the warranty.

Additionally, the burden of proof that the aftermarket part did not cause the failure does not fall onto the consumer.

dmkozak

iTrader: (1)

1. Are you a lawyer?

2. Do you have any support for your second statement?

UNV-IT46

iTrader: (3)

Sorry but you are not correct. I spoke with my father about this since we are getting into laws, he is a lawyer and when he started practicing he handled issues for Audi in their hayday of issues, needless to say he has a lot of experience in this area. According to what he stated the burden of proof is not on the dealer or car company. He stated that if you read your contracts and manuals they will have disclaimers stating the use of non factory parts can cause damage to your car and void your warrenty. The reason they do that is by putting that warning the burden of proof now falls off them and onto you. because you changed a part with knowing that the oem company has warned you against it. and saying you didnt read the book is not going to work in court. Just because you dont read the information your given does not make it not your fault. I told him what the talks on here were about regarding the oil filter. and while he stated the samething i have been thinking, chances are you will never hurt your engine with using a non oem filter. If you did say blow a motor due to extreme sludge or any oil related issue. All infiniti will do is say we designed the motor to be used with our oem nissan filter. not the x,y, or z after market one you used. Then you have to show complete proof on why your filter could have had nothing to do with your failure. for instance infiniti can say their oil filter was designed with cardboard end pieces and thats what the motor was designed to be used with but because you used one with metal end pieces that caused your failure.

Motor25

1. No. I'm just a guy with common sense.

2. Nothing except common knowledge. Think about it... Let's say that your transmission blew up, and you wanted it replace under warranty. Would it be your responsibility to prove to NNA that you didn't cause it? Of course not... they would open up your tranny and look for the possible cause of the failure. Hence, it's their burden of proof.

Anyway, we're getting way off tangent here.

I'm done debating with you lawyers. Maybe I'm right, maybe you're right, who cares

In the end, people (including myself) will keep doing what they do, and I'll keep using my non-OEM oil filters

dmkozak

iTrader: (1)

Wouldn't it make more sense for lawyers to comment on laws?

Thank you for your "legal" advice. I have never heard of such an argument actually working in a M-M arbitration or litigation, and I have "some" personal knowledge of how this actually works.

Well, you raised a point and people called you on it. As it happens, the people who called you on it are both better educated on the subject and more experienced on the subject. Even tho you say "Maybe I'm right", you are most definitely not right on this issue. Like most similar situations, internet rumors do not trump the law or the facts.

If you want to post your opinions, please by all means do so. All we're suggesting is that you distinguish your opinions from facts. It may be difficult to believe, but your opinions may not always be fact.

Motor25

Neither you or I are REALLY qualified to answer the issue at hand. Unless you're a NNA rep, everything you say I take with a grain of salt. Same goes for me.

To each his own, let's leave it at that.

dmkozak

iTrader: (1)

You might be wrong on that. First, I have been a practicing lawyer for over 25 years. I have been affiliated, on a professional basis, with a major European manufacturer and it's wholly-owned North American distributor subsidiary for most of that time (and over five years before I became a lawyer). That was why I posted that I have some first hand experience with this issue. I did not mean as a small claims court plaintiff with a warranty claim against a manufacturer/distributor. I meant as a lawyer assisting with the actual writing of a warranty and the actual defense of warranty claims. Also, I was even around when the M-M Act was proposed and passed.

While, as you suggest, there are others more qualified to comment on the M-M Act, pretty much all of them are in-house counsel for manufacturers/distributors or legislative counsel or SEMA counsel. I could be wrong, but I am going to believe you do not fall into any of those catagories. If I am wrong, I apologize for jumping to conclusions. But, it seems you jumped to the conclusion I am no more qualified than you. I do not think your conclusion is correct.

P.S. Again, you are posting your opinions as fact. I am trying to only post facts.

Motor25

beathorse

csdstudio

^^ +1.

There goes 15 minutes I won't ever get back.

All I got from this thread is that there are better oil filters out there that we better not use, could use but beware, shouldn't but should and can not therefore we should but shouldn't, but could but blah blah....

HAHAHA

Blackjack

iTrader: (3)

Can't we all just get along?

Romeo Xray

I've used OEM oil filters on all my vehicles and I will do the same with my G37. I've never had problems with OEM filters, other than they're more expensive. There could be a reason for having cardboard ends in the OEM filters...if those filter end caps did deteriorate, maybe it's better to have pieces of cardboard floating in your oil than metal pieces..??

I enjoyed reading the reviews and it was nice to learn what's inside of them. Thank you.

UNV-IT46

iTrader: (3)

I would find it very hard to believe that the metal end caps could deteriorate unless you never changed the filter while owning the car...