12 day old vehicle with seized axle

mcasey

I recently purchased a brand Mercedes Sprinter to replace my old one. A couple of days ago the whole back axle seized up on it after owning it twelve days. I contacted the Mercedes dealer where I purchased it and they towed it away and delivered a temporary replacement.
They reported that the problem was caused by a rubber bung which covers the inspection hole in the axle coming dislodged and the oil in the axle subsequently leaking out. This caused the gears in the axle to heat up and wear themselves down which in turn seized the axle.
I have spoken to the dealer since and they have been extremely helpful. They have replaced the axle with that of a doner vehicle in their yard for the time being while a new axle is being delivered. The dealer informed since that they have contacted Mercedes themselves here in Ireland and they state that they do not intend to cover this fault under warrenty.
The garage have told me that they do not see why this should not be covered and they will push Mercedes to cover it.
Can anyone please give me some advice on this issue.

bazz26

Did MB give an explanation as to why it was not covered under the warranty?

Maybe a phone call to Consumer Affairs for advice on your rights might help.

NiSmO

This post has been deleted.

crosstownk

On what grounds are the repairs not covered under warranty? The full explanation from MB is required in order to justify any decision for warranty/damage/driver.

Why, exactly, do they not intend to cover it under warranty?

Run_to_da_hills

You bought a monday morning lemon. A Good Solicitors letter, get rid of it and get your money back or demand a brand new one. There are also better options in vans i.e. Ford Transit.

crosstownk

Run_to_da_hills wrote: »

You bought a monday morning lemon. A Good Solicitors letter, get rid of it and get your money back, there are far better options in vans i.e. Ford Transit.

Possibly, but I'd be interested to hear the 'official' (MB) reason for denying warranty (what dislodged the bung) before making any decisions regarding legal action.

bazz26

MB must have had a good reason for not covering the fault under warranty. They obviously think they have valid grounds for doing so. We need more information on this aspect from the OP.

Run_to_da_hills

crosstownk wrote: »

Possibly, but I'd be interested to hear the 'official' (MB) reason for denying warranty before making any decisions regarding legal action.

The only way they could deny warrenty would be if there was a clause in the service manual that the oil level in the gear box be checked regularly by the owner or if the agent in Ireland was responsible for topping up the gearbox before the sale thus MB would be trying to hang the agent.

I knew a guy that took Kawasaki to court over a brand new motorbike that siezed 6 weeks because the guy who bought it never checked the oil.. The Judge settled for a 50/50 case and said it was up to the owner to read the manual and check the oil level himself. In this case the Van is only 12 days old and is obviously a manufacturers flaw, It may be a case of MB vs the agent who sold the van.

crosstownk

Run_to_da_hills wrote: »

The only way they could deny warrenty

Maybe it smacked the road/kerb/speed ramp (we all know what Irish roads are like) and ripped out the bung...........

DublinDilbert

you'd wonder what post-delivery checks are done at the dealer?

maybe they are responsible for checking the fluids??? and didn't re-place the bung in properly??

Seth Brundle

Why would MB design a vehicle that uses a rubber bung to seal a hole where oil can leak out?

Run_to_da_hills

kbannon wrote: »

Why would MB design a vehicle that uses a rubber bung to seal a hole where oil can leak out?

Its called "planned obsolescence", MB would hope that this seal will last through to the warrenty period and then accidently "fall out" in due course to the unsuspecting customer, this tactic has be going on for years with dishwashers, washing machines etc etc.

S.I.R

say and i qoute " replace it or i sue you for the price of the van + a new one."

if he don't , take him to court ,

simple as.

maidhc

I know one intersting case where a oil pipe on a brand new vehicles engine leaked. The engine subsequently ran dry and seized. The manufacturer had to be persuaded through the courts that the warranty went further than replacing the defective oil pipe!

MercMad

We have several Mercedes Sprinters and none of them have a rubber bung on the back axle !!

Are you sure you picked it up right ? Either way it seems that the oil leaked out however I would say that Mercedes know for a fact that every van that leaves the factory has been checked and they can probably dial up results based upon the chassis number and tell you what the bung was torqued to !

I would say the manufacturer is covered hence their stance !

It would appear to me that the dealer may be responsible for final Pre Delivery Checks and is therefore responsible !

Make it clear to them you want a new axle fitted or a new van and that they have 1 week to sort it out before you start legal proceedings which will include loss of earnings !

Run_to_da_hills

I would hit them for another brand new van. There is probably 50.000 to 100,000 of equivilant pre mature mileage damage to the engine, God knows what other consequental damage has been caused by the overheating and grinding of dry shafts. oils seals between the engine drive shaft & gearbox could have overheated and damaged leading to leaks in the future, extra wear and tear on the clutch from drag, gear box linkages etc from trying to force gears in to position with the damage box. the list would go on.

Victor

MercMad wrote: »

Make it clear to them you want a new axle fitted or a new van and that they have 1 week to sort it out before you start legal proceedings which will include loss of earnings !

Something like this, I'd say new van or 100% cash back or both.

I'd pity the guy getting the nearly new van though.

Churchy

I'd assume Mercedes would be on solid ground to take this stance.

Was there any accident damage to the axle at all? Any scratches?
If it was unmolested I'd find their view bonkers to be honest and agree with going down the legal route.

Beta Ray Bill

DEMAND A NEW ONE

A brand new one or your money back... you did not pay for a broke car you paid for a brand new one.

If the Product is defective you are entitled to a new one or a refund and that is your right as a consumer. regardless of whether it is an apple or a car.

Explain simply that if they dont you sue them. a letter from a solicitor will make their mind up for them very quickly.

Done put up with that crap

that is a very expensive car you have bought and if there is something wrong with it well then they are obligated to refund it.

Let me know how you get on

milltown

Run_to_da_hills wrote: »

I would hit them for another brand new van. There is probably 50.000 to 100,000 of equivilant pre mature mileage damage to the engine, God knows what other consequental damage has been caused by the overheating and grinding of dry shafts. oils seals between the engine drive shaft & gearbox could have overheated and damaged leading to leaks in the future, extra wear and tear on the clutch from drag, gear box linkages etc from trying to force gears in to position with the damage box. the list would go on.

Why such ill informed scare mongering? The seized axle is quite a long way away from the engine. I doubt if much heat would be conducted along the prop shaft and through two universal joints to the engine. The OP says the garage have been good and provided replacement transport and parts so far. I would definitely suspect a monday morning/friday afternoon PDI foul-up. Once they cover all the costs and provide a new axle gratis, I'd be inclined to maybe settle for a free service for goodwill. I would certainly not be paying them anything towards repairing a 12 day old van though, unless they can prove you damaged the axle going off road or something.

Run_to_da_hills

milltown wrote: »

Why such ill informed scare mongering? The seized axle is quite a long way away from the engine. I doubt if much heat would be conducted along the prop shaft and through two universal joints to the engine. The OP says the garage have been good and provided replacement transport and parts so far. I would definitely suspect a monday morning/friday afternoon PDI foul-up. Once they cover all the costs and provide a new axle gratis, I'd be inclined to maybe settle for a free service for goodwill. I would certainly not be paying them anything towards repairing a 12 day old van though, unless they can prove you damaged the axle going off road or something.

Not necessarily, a seized / stiff axle would certainly cause unnecessary drag and help towards pre mature wear on any clutch / engine. The first 500 miles of any new automotive engine is the most crucial because the engine is being run in. There is no way this van could not have been run in correctly with this problem. Driving this van would be like driving a van that has never been run in but abused instead

craichoe

grahambo wrote: »

DEMAND A NEW ONE

A brand new one or your money back... you did not pay for a broke car you paid for a brand new one.

If the Product is defective you are entitled to a new one or a refund and that is your right as a consumer. regardless of whether it is an apple or a car.

Explain simply that if they dont you sue them. a letter from a solicitor will make their mind up for them very quickly.

Done put up with that crap

that is a very expensive car you have bought and if there is something wrong with it well then they are obligated to refund it.

Let me know how you get on

Its a VAN ....

Churchy

grahambo wrote: »

DEMAND A NEW ONE

A brand new one or your money back... you did not pay for a broke car you paid for a brand new one.

If the Product is defective you are entitled to a new one or a refund and that is your right as a consumer. regardless of whether it is an apple or a car.

Explain simply that if they dont you sue them. a letter from a solicitor will make their mind up for them very quickly.

Done put up with that crap

that is a very expensive car you have bought and if there is something wrong with it well then they are obligated to refund it.

Let me know how you get on

As above ^^ its a van , take a breath m8.

You don't know the circumstances , I once had a customer tell me the paint was flaking off his rear bumper after 1 week. Turns out he smacked it against a wall!!
So relax and wait for the original poster to get back to us..MB dont spend 1 million pounds a day (whats that in euro , prolly 20k :rolleyes: ) on R and D just to piss customers off.

bcmf

If it was me I wouldnt even talk to the dealer again.Go straight to a solicitor.Presuming the op didnt do anything other than what the van was designed to do (if they did then that is a whole diffferent pile of .....) then this looks like it is a problem between Merc themselves and the dealer.You will get caught in the middle.Get a solicitor onto it straight away.This van is your livelihood.Hope you get it sorted soon.

Seth Brundle

Call Joe Duffy!

Slidey

Well i work and have done so fr quite some time in a Mercedes commercial garage.
Mercs are far from perfect but the last model would def out run and out perform a transit. Have seen loads with over 250,000 miles on a totally original engine. Cant really speak for the new ones. Have little to do with them now.
The rubber bung has been in the truck back axles for quite some time and i have never seen one fall out. It takes quite a bit of pulling to get them out as they have a fairly big lip on the inside.
What i would imagine has happened is that the bung was taken out during the pdi and not put back right and tht is why merc is playing up and the garage is being so helpful, it's their arse on the line.

Esel

^ The horse's mouth!

Maybe the dealer will offer the OP a bung not to sue.... I'll get me coat.

Run_to_da_hills

slideways wrote: »

Well i work and have done so fr quite some time in a Mercedes commercial garage.
Mercs are far from perfect but the last model would def out run and out perform a transit. Have seen loads with over 250,000 miles on a totally original engine. Cant really speak for the new ones. Have little to do with them now.
The rubber bung has been in the truck back axles for quite some time and i have never seen one fall out. It takes quite a bit of pulling to get them out as they have a fairly big lip on the inside.
What i would imagine has happened is that the bung was taken out during the pdi and not put back right and tht is why merc is playing up and the garage is being so helpful, it's their arse on the line.

Mercs may out run or out preform a Transit until saomething goes wrong and it will cost you an arm and a leg not mentioning waiting for weeks. Get Any part for a Foird transit delivered to any main Ford dealer over night. I reluctantly drive the new model Transit knowing they are soft but at least it will always get me home and if it dose give trouble no big deal. try removing and replacing siezed injectors from a Sprinter, more than likely you will stripping threads.

Run_to_da_hills

slideways wrote: »

Well i work and have done so fr quite some time in a Mercedes commercial garage.
Mercs are far from perfect but the last model would def out run and out perform a transit. Have seen loads with over 250,000 miles on a totally original engine. Cant really speak for the new ones. Have little to do with them now.
The rubber bung has been in the truck back axles for quite some time and i have never seen one fall out. It takes quite a bit of pulling to get them out as they have a fairly big lip on the inside.
What i would imagine has happened is that the bung was taken out during the pdi and not put back right and tht is why merc is playing up and the garage is being so helpful, it's their arse on the line.

Mercs may out run or out perform a Transit until something goes wrong and it will cost you an arm and a leg not mentioning waiting for weeks. Anyone who works on Sprinters will tell you to shift them on after 200K because once they exceed that mileage they become a money pit.

I reluctantly drive the new model Transit knowing they are soft but at least it will always get me home and I can get any parts delivered over night from a local Ford dealer at reasonable cost also most competant mechanics know them inside out. Try removing and replacing seized injectors from a Sprinter, more than likely you will stripping threads.