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Tractor Talk Discussion Forum

Re: Wal-Mart rant

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Goose

06-28-2013 14:44:38
70.198.7.46



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John, do you understand the concept called "betterment". If Walmart was willing to replace the engine with one of equal or fewer miles, they're within their rights.

When I was a Claims Adjuster working vehicle service contracts, we had several reliable sources of used engines and transmissions and we installed them all the time. We had one set rule, we never replaced an engine or transmission with one with more miles than the one we were replacing. If a customer balked and wanted a new engine, we gave him (or her) the option of paying the difference.

If they insisted they wanted a new engine, we'd point out that they had bought a used engine when they bought the car.

The courts backed us up on a couple of occasions when it went that far. All we were required to do was repair the vehicle to the same condition it was in prior to the failure. We weren't required to "better" the vehicle.

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Billy NY

06-29-2013 13:39:02
72.226.79.200



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 Re: Wal-Mart rant in reply to Goose, 06-28-2013 14:44:38  
How do you substantiate the miles, the actual wear to what was destroyed ? In a perfect world an equivalent would be fine, but no 2 cars are alike, wear, maintenance and so on. I don't care what people think, if your dumb@ss employee is that ignorant not re-fill the oil to the correct level, its shear ignorance, irresponsibility and so on.

I'm going to take the salvage company's word that the mileage is correct, the wear is equal or less and that the engine is going to perform the same as the one that was lost. OK, give that to me in writing please and specify the time allowed for this to be confirmed and provide a clause that states it will be made right without hesitation or dispute resolution such as litigation. I've been to enough salvage yards, I know the owners of several, I know how they operate. Its not impressive, the amount of alcohol the employees consume is impressive though.

Now for some role playing, I'm a fool who goes to a place like this for a routine and common maintenance service, with my say 17 year old mustang cobra, and they do the same thing, its a low mileage car, high performance, hand assembled and signed engine, what then, there has to be a precedent. You won't find that engine, I was just that person that got the hungover inattentive person performing the work, and it happened which it should not period, have you ever forgot to put oil back in after a change ? In 30 some odd years and all the vehicles, never not once, not even close, this is shear stupidity and negligence. If they cannot employ responsible people, they should not be providing these kinds of services to a trusting public, what about the down time the other inconveniences and expenses that would not be otherwise incurred ?

I bring a compression gauge with with me, when buying a salvage engine, I want to see it in the car,truck or what have you and if at all possible I want to hear it run, til it gets warm, maybe not always possible, but a customer is supposed to trust, like they did walmart on performing an oil change, (look where that got them, litigation). The customer is to be assured beyond any doubt that Walmart did this with the salvage engine and that this engine is as equal or a good motor all on trust, I don't buy it. I don't see it as a free lunch, I see it as a punishment for the management/company responsible for the employee who was supposed to NOT forget to put the correct amount of oil back into the engine, or say NOT omit a gasket or DOUBLE a gasket or anything similar, the customer got hosed to begin with, had to retain counsel, pay all of that,+ down time,then stand their ground or be intimidated for something less, due to 100% negligence on the part of the service provider, as a matter of a fact its a theft of services, a breach of contract, failure to perform and or something along those lines, which has consequences in the real world, you're a big company, suck it up, learn, and don't repeat the same thing again. Business depends on repeat customers, satisfied customers, its just unacceptable what these repair shops pull today, my friend went just went through this, these people are crooks all day long and they try and indemnify themselves after making costly mistakes, providing defective or substandard parts or plainly causing a catastrophic engine failure through pure negligence, thats a great business model. LOL Fun chat though LOL ! ;)

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John T

06-28-2013 16:23:12
216.249.76.176



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 Re: Wal-Mart rant in reply to Goose, 06-28-2013 14:44:38  
Yeppers, as an Attorney I'm familiar with those type of doctrines and Unjust Enrichment etc etc but my duty was to my client as Wal Mart had plenty of high powered lawyers to do their bidding lol. Fortunately a jury of my clients peers who identified much more with her then big Wal Mart and fancy legal doctrines ruled in her favor.......They sorta figured Wal Mart did the damage and my client was innocent and who could best afford a few thoudand dollars, her a minumum wage employee or big fat Wal Mart?? I had an expert witness who testified a car that had a junk yard engine replacement was worth far less the one with the original engine even if the original had way more miles and that wasnt countered by Wal Mart

Fun chat

John T

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Goose

06-29-2013 06:27:25
70.198.8.148



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 Re: Wal-Mart rant in reply to John T, 06-28-2013 16:23:12  
Yep, everyone wants a free lunch.



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