UPDATE (please read) my e46 m3 is a lemon?! what do you think?!

[crosvs]

UPDATE: now this is getting interesting. So now BMW of Mountain View have changed their story. They say that (a) they certainly DID change the fluid after all; and (b) they CERTAINLY put in the correct fluid.

But then it turns out that a TSB was issued which basically says even if correct fluid is used, the problems i'm having can STILL occur once in a while.

So I say: great, so the TSB means any BMW dealership can repair the car for me under the terms of this TSB.

They say: WRONG. TSBs only apply to cars under NEW CAR warranty and NOT under EXTENDED warranty.

WTF?!

So basically: UNLESS we can somehow PROVE that they put the WRONG fluid in -- and how do we do that?! I'm having the invoice with part number faxed today, but even that doesn't PROVE what's ACTUALLY in the diff -- then i don't see how i can get out from under this $230 fluid flush and replacement.

This is RETARDED.

Honestly guys, BMW have disappointed me so much during all this fiasco with my m3 -- not to mention the drama i had with my x5 before the m -- that i almost get sick when i see a bmw badge now

As soon as i dump my car, it's benz from here on out.

[crosvs]

ok i dunno why that posted twice. can't delete either. sorry

[vinuneuro]

What exactly is their problem. The car is under a BMW warranty, and regardless of what the problem is, they're liable since they've performed (or lack thereof) all the work. No fluid change or wrong fluid, whateva..they at least owe you a new diff since you've got the warranty.

Easy to find out what exactly happend. Take a sample of the fluid in the diff right now, and also send a reference sample (a new bottle of bmw diff fluid) to be analyzed. It won't cost you more than $50, and it'll give you a definitive answer to the age/condition of the fluid, and whether they used the right one in case they did change it.

These guys are a pretty big and popular lab. I'd give them the headsup of what's going on before you send it in, so that they pay attention to what's important to you: http://www.blackstone-labs.com/

[crosvs]

oh wow. so that really all there is to it, huh? because THEY mentioned I could get it analyzed but in a totally sarcastic tone implying there was no practicable way to do so! I didn't realize it was so easy to do.

Awesome, thank you, i'll tend to this right away!

And as for your suggestions re: being covered by warranty, i agree!

HOWEVER: their logic is this. They say, the diff fluid is something which is to be changed ONLY during Inspection II Service. Otherwise, warranty doesn't cover it.

[motordavid]

No xpert here, and admittedly not a Stlr fan...
but, from your story the diff fluid they "didn't change" and
then "did change" may or may not be connected to your
glitch. But, a change of diff fluid, done properly, should
certainly show some effect, if damage isn't severe, thus far.
(I don't really know of an 'improper' fluid having that kind of
dramatic effect that quickly, but WTFDIK.)

Back at the ranch, that stlr is tossing you with his "not covered
bs", as dlr done parts and services are warranted as a separate issue
whether it was done at mile 10 or mile 110,000, imo.

Vig's rec on the Blackstone lab analysis is a good one, though not
handy to do or, quick to hear the results...but, maybe worth it.

Sounds like the dlr wants you to go away. Not a lawsuit fan, but
I would fire up my barrister on this one.
Good Luck,
mD

[vinuneuro]

Originally Posted by crosvs

HOWEVER: their logic is this. They say, the diff fluid is something which is to be changed ONLY during Inspection II Service. Otherwise, warranty doesn't cover it.

What logic is there in that. There are only three posibilities, since they performed Inspection II (and all other service).

1. Wrong fluid
2. Fluid not changed
3. Diff failure unrelated to fluid

The warranty covers all three of those possibilities.

[motordavid]

Originally Posted by vinuneuro

What logic is there in that. There are only three posibilities, since they performed Inspection II (and all other service).

1. Wrong fluid
2. Fluid not changed
3. Diff failure unrelated to fluid

The warranty covers all three of those possibilities.

[vinuneuro]

Originally Posted by motordavid

No xpert here, and admittedly not a Stlr fan...
but, from your story the diff fluid they "didn't change" and
then "did change" may or may not be connected to your
glitch. But, a change of diff fluid, done properly, should
certainly show some effect, if damage isn't severe, thus far.
(I don't really know of an 'improper' fluid having that kind of
dramatic effect that quickly, but WTFDIK.)

Back at the ranch, that stlr is tossing you with his "not covered
bs", as dlr done parts and services are warranted as a separate issue
whether it was done at mile 10 or mile 110,000, imo.

Vig's rec on the Blackstone lab analysis is a good one, though not
handy to do or, quick to hear the results...but, maybe worth it.

Sounds like the dlr wants you to go away. Not a lawsuit fan, but
I would fire up my barrister on this one.
Good Luck,
mD

mD, recovering some diff fluid involves a ratchet, socket and two bolts on the diff. It should be a 5min affair for any mechanic. I don't have first-hand experience of how long it takes to receive a report once the sample is submitted, but I can't imagine it being more than a week or so considering how popular their services are. That info is only a phone call away. So totally, we're still not exceeding more 10min worth of work.

[motordavid]

Originally Posted by vinuneuro

mD, recovering some diff fluid involves a ratchet, socket and two bolts on the diff. It should be a 5min affair for any mechanic. I don't have first-hand experience of how long it takes to receive a report once the sample is submitted, but I can't imagine it being more than a week or so considering how popular their services are. That info is only a phone call away. So totally, we're still not exceeding more 10min worth of work.

Vig, thanks for the DIY, ...I've done a few diffs and trans.
I just meant it was another hoop for crosvs to jump through
in the detective process, to force the lazyazz stlr to either:
admit a mistake, fix a broken diff under warr., do some good will,
etc., some combo of the above.

I need you to roll by the Mtn house for a few days this late April
for an extra pair of hands on my oil/trans/brakefluid changes on
3 M'cycles, the Vette, the X and the Fridge. I have the tools, so
you can just slide through airport security.

[crosvs]

What logic is there in that. There are only three posibilities, since they performed Inspection II (and all other service).

1. Wrong fluid
2. Fluid not changed
3. Diff failure unrelated to fluid

The warranty covers all three of those possibilities.

Yeah, that's what i told them. they said, NO. what am i supPOSED to say?!

but yes, i'll be updating my lawyer -- who's currently working on the lemon issue -- with this info too.

This is going from bad, to worse, to F-ing ridiculous.