This spring 5th Gear went out on the tranny in my Jeep. I took it to a local AAMCO shop to have it checked hoping it might be a small internal part that was causing the slipping. They found the entire 5th gear was toast. They showed me parts and everything. The cost of rebuilding the tranny was going to be more than a remanufactured tranny. AAMCO wanted around $1,200 for the AX15 I needed. I did some digging around and found a place called Phoenix Hard Parts ([url]www.phoenixhardparts.com[/url]) that had them for $650 plus about $130 shipping. Gave the money to the AAMCO manager and he ordered the tranny. It was ordered on March 5th and did not arrive till March 13th. AAMCO installed it and I was on my way the 14th. Total cost was around $1,800 with labor and new clutch parts.

All was well until May. On the 8th of May my Jeep got stuck in 5th gear. I started looking at my warranty and saw that the one for the transmission did not cover shipping and labor. The next day I called AAMCO. They said their warranty did not cover the tranny since I got it someplace else. They did agree however to pay for the towing ($100). I called Phoenix Hard Parts, and the guy explained that had I purchased the optional ($150 extra) Platinum Warranty, everything would be covered. AS it was, they were only responsible for the repair to the tranny. He said he felt bad though, and offered to pay shipping for me.

At this point, I was kind of unhappy, but figured I had screwed up, and the end cost of having it re-installed would be around $300. The transmission was shipped back tot hem UPS on the 12th.

After a week I started calling and checking on it. It still had not arrived, and nobody knew where it was at. I would call AAMCO and Phoenix every other day. After about two weeks I started getting angry. I wanted a tracking number from UPS so I could find out where it was at. Neither AAMCO, or the Phoenix place would give me one. By the end of May, I was furious, I called AAMCO's regional headquarters, and then called Phoenix Hard Parts and told them, that if I did not have a transmission shipped within 24 hours, I was going to start calling consumer advocacy programs.

This whole time, I was supposed to be in California. I was supposed to start a new business venture with a friend out there. He was getting angry, and I was running out of money.

The transmission arrived and was installed by AAMCO on the 2nd of June. I picked it up, Paid AAMCO for the install, and left.

This morning, as I was driving up to Minnesota, I found it would no longer go into 1st or 2nd gear. I was near the AAMCO shop, so I drove over and had them look at it. The mechanic said the tranny was bad. I called the place in phoenix (being as polite as I could, and told the guy the tranny they had just sent me was bad. He did not remember me. I had to explain to him, I was the guy who waited nearly 4 weeks the last time.

End result was, he said they would cover nothing but the transmission rebuild. I had to pay shipping, and AAMCO to remove and re-install it again.

I asked him if he thought this was fair. He brought up the Platinum Warranty again, and thats about it.

I then told him my plans were to register a domain name (www.phoenixhardpartssucks.com) which I have. I was going to write my customer "service" and satisfaction story and put it on the net. Then allow others to send in thier stories. I was going to add the site to all the search engines, and write about them at any "Bad Business" sites I could find, such as [url]http://badbusinessbureau.com/results.asp?q1=ALL&q5=Phoenix+Hard+Parts&q4=&q6=&q3=&q2=&q7=&searchtype=0&submit2=Search%21[/url].

He chuckled, asked the name of the site again, and asked if once I got it running, if I could E mail him a link. He would like to see it.

My question is, do I have any legal recourse here? What kind of lawyer would I need. I hate the thought of suing someone, but this company has me pissed.

And second, is it legal for me to have a site like that?

Thannks.

Aviator

Here is your order confirmation:

Order Number: 137056470
Order Amount: $35.00
Credit Card: xxxxxxxxxxxxxxxx

Ordered By
User ID: MRxxxxxxx
User Name: xxxxxxx

Account Number: 27668730
Account Holder: Coley Foster

Domain Name: PHOENIXHARDPARTSSUCKS.COM
   Term: 1 year(s)
   Price: $35.00
   Exp. Date: 2004-06-05

On first impression, you have a hard case against the transmission guys because they can pick the type of remedy (repair, replace--shipping charges to you) unless it's specifically stated in the contract (verbal,written) otherwise.  You should have some fine print that states their side, if not you may have a case. As far as your website goes, check this out:

http://www.willowbendmallsucks.com/

Interesting saga.  It also gives a layperson some advice on how to sue a large company.  

Also, unless your damages exceed $10,000.00 (realistically) no lawyer will take your case unless you pay them hourly.  You can thank tort reformers for that one.

bd

The guy at the place in Phoenix told me every customer is asked if they would like to purchase the Platinum Warranty. When I called for a price, it was not mentioned. I asked the AAMCO guy who ordered it. He said it wasn't offered to him either, if this makes a difference.

Aviator

IF there is no "small print" stating otherwise, you should basically expect the transmission to do what it is designed to do (warranty of merchantibility in a nutshell).  However, it seems your real expense is the shipping back and forth for them to do the warranty repair. You may have waived that by buying from out of state. Check the back of the invoice where the warranties are written.

I would either go full tilt on your campaign or try and hold out for some better service through negotiation, ie reduction or split of shipping charges.  

Once you burn the bridge, you'll drown trying to walk back accross the ashes on the water.



bd

Basically you are screwed, they are honoring their warranty on the tranny, and AAMCO has no control over the parts you supplied.

I used to manage an auto parts store, and we had more than one case similar to yours. Really the only way you save money in the long run, is to install the parts yourself, or buy the parts from the mechanic doing the install.

Sorry to put it that way but from what you have described that is how it works. However, I would be pushing the tranny company to split the cost of the install, not that they will, but you could try. Legally I don't see a recourse, other than maybe a refund......

Well, my cost for last time was around $300 for AAMCO to remove and replace it. This time would be more like $450 for the same, and shipping. add that to my $1,800 inital bill and I would have spent nearly $2,600 for a rebuilt tranny that may not work if its anything like the ones I have gotten.

The first tim I could understand, but trying to royally screw me over after gett [b]two[/b] bad trannys from them?


Aviator

If you would have asked here [url]www.jeepsunlimited.com/forums/[/url] everyone there would have told you to stay clear of AAMCO and phoenix hard parts.

You should have swaped it yourself. Easy stuff.

Look, I understand your frustration, I am just stating what I see as the facts.

Fact, you bought a tranny from someone other than AAMCO, the tranny warranty comes from them in accordance with their warranty practices, good or bad.

AAMCO installed said transmission, which was supplied by you. They have no more responsibility than to insure the transmission supplied was properly installed. If it was, they they fulfilled their contract to you.

If you had purchased your transmission from AAMCO and the install, you would have paid once. AAMCO would be eating the repairs now.

I do not recommend people buying parts and having the mechanic install them, just trying to save a few bucks, it almost always ends in the same way as your problem. People will look for the cheapest parts, and when they get what they pay for, they are upset. The mechanic, if he is good, will have a vested interest to make sure the repair is done right with good parts, other wise he gets to warranty the repair. So it is more than just the little markup that the shop gets on the parts.

What I used to ask people that would get upset at my explanation was "would you buy the hamburger, potatos, and bun, take it to Mc Donalds, and ask them to make you a happy meal?"

I wish I could tell you how to fix it, but you are at their mercy now.

did you pay by credit card?if so can you call the credit card company tell them what happen and they could pull the money back?then ship the tranny back c.o.d

Good idea. Did not think of that. I think the AAMCO guy did use a credit card.

Aviator

At least they are still willing to repair the transmission.  I bought an engine from Autozone, had my shop install it, and got 100 miles on it before it started knocking really bad.  Oops they forgot to tighten the nuts for the lifters and they came off.  Several lifters were bent and the Autozone warranty shop "fixed" it by putting the nuts back on.  I got 1,000 miles on the engine and it locked up.  Autozone said since I didn't have their warranty shop install the engine that they would not honor the warranty!  At no point prior to this did they ever mention that fact.

Fuck Autozone.

Here you go,
[URL]http://www.nme.de/CGI-SHL/NME/VIEWPIC.CFM?ID=657&cat=9[/URL]
But its just a loaner!

Sometimes the cheapest price isn't always the best price.

Sometimes thats all you can scrape up!


Aviator

btt for the day crew. Any other suggestions?

Aviator

Sent Phoenix Hard Parts the Domain name confirmation, to be forwarded to the manager I spoke with yesterday and got the following reply:

Hello,
   I do not know who you are, but I would like to help. I need to first know who you are and what you purchased. I also need to know what problems you are experiencing. Please write me back and I will do my best to resolve the problems that you are having. I apologize for any problems you may be having, but hopefully we can resolve this. On a side note, publishing a slanderous website is not only illegal, but it will not get you anywhere with us. I would hope that we could resolve this without such complications.
Sincerely
Frank

Phoenix Remanufactured Transmissions
7310 W. Roosevelt Suite 26
Phoenix, AZ 85043
623-936-6200


I think he owns the company.

Aviator

My reply:

Frank,

I am not sure who you are, but I have been dealing with Michael. I myself decided to use the site as a last resort. It is in fact legal as long as I follow certain guidelines:

http://techlawadvisor.com/ych/2003_04_02_archive.html

I told Michael of my intentions yesterday, and he laughed at me and asked me to send him the link once the site was up.

I have never had to do anything like this. I do not enjoy it. As a matter of fact, my friends and family have wondered why I have been so patient. I have at this point spent nearly $2,000 dollars I can ill afford to spend, on labor, parts, and shipping, and all I have to show for it is new clutch parts. After paying for the install of two transmissions, my Jeep is still not working. Michael made it very clear yesterday your company would not do anything other than once again rebuild the transmission.

The transmission purchased was an AX15 and it was purchased by Mike Glantz (AAMCO Manager) on March 5th 2003 invoice number 29810.

Below is a short version of my problem.
(text similar to above)

His reply!

What do I need to do to make you happy ? Let me know and I will see that I can come up with

Phoenix Remanufactured Transmissions
7310 W. Roosevelt Suite 26
Phoenix, AZ 85043
623-936-6200

my reply would be a new transmission and you pay the for installation and shipping and return!
or pay the bill for amocco to rebuild and reinstall

return the piece of shit and have them pay for it,  and new tranny from a reputible shop plus install and lifetime warranty...

AAMCO sucks.

I've had several rebuilds done there (company car) and wasn't happy w/any of them.

AAMCO is not the source of this problem. Phoenix Hard parts is.

He offered me $100 in labor at AAMCO to see if new detent springs would solve the problem, and $65 for my trouble. If the detent springs do not fix it, he said they would take the transmission back and refund my money. I asked if I get my transmission back, and who pays shipping for all of that. The shipping alone on two transmissions would wipe out most of the refund. Am waiting to hear his reply.

Aviator

I feel for you.  AAMCO will tell you everything is wrong with your transmission, no matter what.  Personal experience here.  You were lucky in that you bascially knew what your problem was.  I don't know what you should do, but it seems the problem is indeed with Phoenix.

BTW, maybe all Phoenix, AAMCO, and UPS employees are unionized.  That might be your problem![:D]

I got his reply. I pay shipping both ways, and then I'll have to pay again for AAMCO to remove their transmission so I can ship it.

So:
 $650 refund
-$260 Shipping
-$260 labor
=$190 actual refund

Which equals No way. Not after I have already spent over $1,300 on transmission repairs. Its well worth $190 to me to put the site up.


Aviator

Got a post office uniform???[:D]

You sure as hell don't need a bad lawyer!

the first thing to do is check your state laws,a lot of states require a stronger warranty for items and services paid for by their state citizens.Just because a company may claim a limited warranty or no warranty,does not mean a thing.Many states are very specific in warranty law.You may have a warranty guaranteed by the state and not even know it.