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      01-26-2012, 01:40 PM   #617
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Originally Posted by apme123 View Post
I definitely think that AA is trying to cover it's own ass instead of taking care of the customer. A company should stand behind thier product and any harm that product may cause, even if it is forced induction. Usually an over revved motor would drop a valve or cause some other kind of damage to the head. Throwing a rod through the block is probably a boost or tune issue. I sure hope this doesn't end up on the front page of jalopnik. I bet if they were to cover the engine replacement right away and taken care of the customer, this thread would have started with "I just wanted to thank aa for great customer service" instead. Of the usual run around the companies give you once they have your money in their pocket. I think in any buisness the customer is the #1 priority. Is aa going to hide under a rock for the next couple of weeks or have their head stuck under the sand till this blows over?
It's a business, you think BMW will replace a stock blown engine under warranty if you had a recorded top speed of 198mph or over-revs. On there?
the op could've fooled BMW if it wasn't for the crazy 198 mph....now wants AA to buy him a new engine.
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      01-26-2012, 01:51 PM   #618
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It's a business, you think BMW will replace a stock blown engine under warranty if you had a recorded top speed of 198mph or over-revs. On there?
the op could've fooled BMW if it wasn't for the crazy 198 mph....now wants AA to buy him a new engine.
There I no concrete proof that the car was driven at 198 MPH. Or that it was overevved. Please show me the proof.
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      01-26-2012, 01:55 PM   #619
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i guess if OP signed a waiver saying that aa is not responsible for engine blow ups, then yea, i see no point in OP posting here...maybe a waste of time..i feel bad that his engine blew but no one put a gun to his head and told him to supercharge it. at least they refunded him for the kit.
He doesnt need to physically sign "anything" the disclaimer is implicit and any use of their products is covered by their disclaimer...This was posted in Post #42. They did refund him the cost of the SC as they stated they would in their disclaimer

Case closed.. to think about lawyering up is an exercise in futility
----------------------------------------------------------------------------------------------------------------------
Here are the terms and conditions off of AA's site:

This warranty is limited to repairs and/or replacement of the product or part found to be defective without charge. Active Autowerke reserves the right to refund the complete purchase price for the defective item and will not be held liable for losses or damages arising from the defect.
If a part or a component from an Active Autowerke product, system or kit is found to be defective, this warranty shall apply only to the defective part or component and shall not require Active Autowerke to repair, replace or refund the complete Active Autowerke product, system or kit.
Active Autowerke cannot accept freight costs of any returned merchandise to Active Autowerke for inspection and/or returns. A 20% handling charge for all returns may be applied.
Under the stipulations of this warranty, Active Autowerke will in no way be liable for exceeding the original purchase price of the defective product. This warranty does not include the cost of removal or reinstallation of the product. No person or representative is authorized to extend any warranty and/or liability (other than that which has been expressed herein) in connection with the sale of any Active Autowerke product.
Active Autowerke disclaims any and all liability for any implied warranties, including the implied warranties of merchantability and fitness for a specific purpose. Under no circumstances shall Active Autowerke be liable for any incidental, indirect, specific or consequential damages arising from purchaser's use of the product.


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      01-26-2012, 01:59 PM   #620
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I have being following this thread from the start, but I haven't commented as I'm not an expert on BMW cars. I'm not in favor on the OP or AA. I guess we'll have to let the facts speak for themselves.

Is there another reason why the OP decided to go public (besides provide his experience with AA)? Does he want partial refund for the engine cost? Is it related with his new business venture? Who fed him information about the two other vehicles that might have AA related issues?

On the other hand, I am not very happy on how AA handled this situation. If OP's former company was a dealer of AA products (post 1), I'll expect a little more from AA to keep a good business relationship, which both probably benefited of.

Also, OP claims he was a beta tester (post 587). Doesn’t tester get a free/discounted price on whatever they are testing (depending on what both parties agreed)? OP should be aware of potential problems and AA should be providing better support.

Yes, there might be a legal agreement when the blower was installed, but that doesn't give AA a free pass. In my opinion, if OP drove the vehicle in a way that the car wasn’t tuned for or modified the vehicle after AA installation, then it should be OP's fault. However, if AA didn't install or tune the car properly, then it should be AA fault. It also could have being OP car had a weak engine from the start.

I guess the bottom line is to ask your SC kit provider on what is covered under warranty before making a purchase.
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      01-26-2012, 01:59 PM   #621
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id like to see this get hashed out in court. probably the only decent closure we could get
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      01-26-2012, 02:06 PM   #622
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Quote:
Originally Posted by tibra1 View Post
He doesnt need to physically sign "anything" the disclaimer is implicit and any use of their products is covered by their disclaimer...This was posted in Post #42. They did refund him the cost of the SC as they stated they would in their disclaimer

Case closed.. to think about lawyering up is an exercise in futility
----------------------------------------------------------------------------------------------------------------------
Here are the terms and conditions off of AA's site:

This warranty is limited to repairs and/or replacement of the product or part found to be defective without charge. Active Autowerke reserves the right to refund the complete purchase price for the defective item and will not be held liable for losses or damages arising from the defect.
If a part or a component from an Active Autowerke product, system or kit is found to be defective, this warranty shall apply only to the defective part or component and shall not require Active Autowerke to repair, replace or refund the complete Active Autowerke product, system or kit.
Active Autowerke cannot accept freight costs of any returned merchandise to Active Autowerke for inspection and/or returns. A 20% handling charge for all returns may be applied.
Under the stipulations of this warranty, Active Autowerke will in no way be liable for exceeding the original purchase price of the defective product. This warranty does not include the cost of removal or reinstallation of the product. No person or representative is authorized to extend any warranty and/or liability (other than that which has been expressed herein) in connection with the sale of any Active Autowerke product.
Active Autowerke disclaims any and all liability for any implied warranties, including the implied warranties of merchantability and fitness for a specific purpose. Under no circumstances shall Active Autowerke be liable for any incidental, indirect, specific or consequential damages arising from purchaser's use of the product.


--------------------------------------------------------------------------------------------------------------------------

the OP states he never signed any paperwork, so I don't think that some text on their website will work as a contract. When ever I have work done on my s2k or buy after market parts, I expect to be taken care of if I have any kind of problems with the product or service. I guess its up to the OP to prove that the AA supercharger or the tune caused the engine failure, but I also feel that AA has not been 100% honest.
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      01-26-2012, 02:12 PM   #623
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the OP states he never signed any paperwork, so I don't think that some text on their website will work as a contract.
Then you obvioulsy know nothing about how contract law works..he doesnt need to sign ANYTHING..his acceptance and purchase of their products is an implicit agreement..

Go to law school guys and then maybe you will understand what I am talking about.
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      01-26-2012, 02:14 PM   #624
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Quote:
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Then you obvioulsy know nothing about how contract law works..he doesnt need to sign ANYTHING..his acceptance and purchase of their products is an implicit agreement..

Go to law school guys and then maybe you will understand what I am talking about.
I disagree with this. It's not as black/white as you are making it seem.
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      01-26-2012, 02:17 PM   #625
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Then you obvioulsy know nothing about how contract law works..he doesnt need to sign ANYTHING..his acceptance and purchase of their products is an implicit agreement..

Go to law school guys and then maybe you will understand what I am talking about.
did you go to a law school?

lol

what if the OP never visited their website??? would it still be an implicit agreement??

That's why whenever you have your vehicle serviced, they have to get a work order signed.. or when you buy a car you sign a shit load of paper work and contracts. otherwise id walk into a dealership buy a car or product without signing anything??

meaning if you signed it you acknowledged that you have read it.

by the way do you know what an implicit agreement is?? maybe your talking about an implied in fact contract??

http://en.wikipedia.org/wiki/Implied-in-fact_contract

http://en.wikipedia.org/wiki/Statute_of_Frauds
by that way:: Contracts for the sale of goods involving a purchase price of $500 or more (proposed Amended UCC 2-201(1) requires a writing for contracts for the sale of goods of a price of $5000 or more).
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      01-26-2012, 02:19 PM   #626
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Ok so how many of you went to law school?...

I am sorry guys..but it is that black and white.
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      01-26-2012, 02:19 PM   #627
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Quote:
Originally Posted by apme123 View Post
the OP states he never signed any paperwork, so I don't think that some text on their website will work as a contract. When ever I have work done on my s2k or buy after market parts, I expect to be taken care of if I have any kind of problems with the product or service. I guess its up to the OP to prove that the AA supercharger or the tune caused the engine failure, but I also feel that AA has not been 100% honest.
+1, if i buy a stove and it blows up in my house and my house burns down, due to evidence of a manufacturer defect, i would expect the mfg to pay for rebuilding my house AND a refund on the oven AND any associated legal fees. i also never signed any disclaimer paperwork when buying the stove.
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      01-26-2012, 02:27 PM   #628
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+1, if i buy a stove and it blows up in my house and my house burns down, due to evidence of a manufacturer defect, i would expect the mfg to pay for rebuilding my house AND a refund on the oven AND any associated legal fees. i also never signed any disclaimer paperwork when buying the stove.
This analogy is laughable...Have you seen such a disclaimer when buying a stove ..are you serious?..if is so how many people would buy a stove from that company and how long would that company be in business?

You have a LONG way to go to prove AA had a manufactuer defect in their SC..and either way its moot b/c the disclaimer would superceed this..they have complied with what they need to vie se vie refunding the cost of the Supercharger

Too many internet lawyers here
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      01-26-2012, 02:30 PM   #629
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did you go to a law school?
lol

what if the OP never visited their website??? would it still be an implicit agreement??

That's why whenever you have your vehicle serviced, they have to get a work order signed.. or when you buy a car you sign a shit load of paper work and contracts. otherwise id walk into a dealership buy a car or product without signing anything??

meaning if you signed it you acknowledged that you have read it.

by the way do you know what an implicit agreement is?? maybe your talking about an implied in fact contract??

http://en.wikipedia.org/wiki/Implied-in-fact_contract

http://en.wikipedia.org/wiki/Statute_of_Frauds
by that way:: Contracts for the sale of goods involving a purchase price of $500 or more (proposed Amended UCC 2-201(1) requires a writing for contracts for the sale of goods of a price of $5000 or more).
Yes I did..wikipedia?.. good job
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      01-26-2012, 02:33 PM   #630
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I guess we will wait for court or arbitration or a settlement.
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      01-26-2012, 02:34 PM   #631
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Yes I did..wikipedia?.. good job
did you graduate and pass the bar??
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      01-26-2012, 02:36 PM   #632
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There I no concrete proof that the car was driven at 198 MPH. Or that it was overevved. Please show me the proof.
The op himself admitted that there was a recorded 198mph in the shadow memory.
the OP didn't bitch about BMW voiding his warranty based on the recorded top speed, we can go on another wild goose chase tryin to get BMW to pay for the damage.

The op thinks it's ok for BMW not to replace his engine bc the top speed yet expect aa to come through. I guess he holds AA to a higher standard than BMW.
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      01-26-2012, 02:39 PM   #633
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The op himself admitted that there was a recorded 198mph in the shadow memory.
the OP didn't bitch about BMW voiding his warranty based on the recorded top speed, we can go on another wild goose chase tryin to get BMW to pay for the damage.

The op thinks it's ok for BMW not to replace his engine bc the top speed yet expect aa to come through. I guess he holds AA to a higher standard than BMW.
I think that's what BMW may have told him, but its not on the work order that was posted
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      01-26-2012, 02:40 PM   #634
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+1, if i buy a stove and it blows up in my house and my house burns down, due to evidence of a manufacturer defect, i would expect the mfg to pay for rebuilding my house AND a refund on the oven AND any associated legal fees. i also never signed any disclaimer paperwork when buying the stove.
But where is the proof that AA is at fault here??? This thread is 10% personal attacks, 10% facts about motors in general, and 80% speculation. There are so many holes in this story we will never find out what really happened.
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      01-26-2012, 02:44 PM   #635
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I guess we will wait for court or arbitration or a settlement.
Court? This will never work. Besides the agreement, OP stated that he returned the motor back to stock and tried to get it fixed under warranty because someone at AA told him to do so. Where is email or wire tap of this conversation? Couldn't AA's lawyers bring this up in front of a judge? wouldn't that destroy the OP's credibility?
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      01-26-2012, 02:46 PM   #636
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But where is the proof that AA is at fault here??? This thread is 10% personal attacks, 10% facts about motors in general, and 80% speculation. There are so many holes in this story we will never find out what really happened.
Does it matter what really happened?..

AA could have simply ignored all of this as they clearly have the law on their side..but obviously they choose to engage this topic to protect their reputation and/or market share.

To quote Brendan Behan (Irish author & dramatist) - "There is no such thing as bad publicity except your own obituary"

AA will make it through this just fine..the OP?...not so much
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      01-26-2012, 02:48 PM   #637
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Court? This will never work. Besides the agreement, OP stated that he returned the motor back to stock and tried to get it fixed under warranty because someone at AA told him to do so. Where is email or wire tap of this conversation? Couldn't AA's lawyers bring this up in front of a judge? wouldn't that destroy the OP's credibility?
That's just AA trying to not be responsible for their own work. Wouldn't the best thing to do would be to tell a customer bring the car down here so we can look it over and take care of you, or just say we aren't responsible take it to BMW. The fact of the matter is AA doesn't want to be responsible for anything. I guess it shows you how they take great care of their customers.
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      01-26-2012, 02:48 PM   #638
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did you graduate and pass the bar??
I would like to know this as well.

I have a few attorney friends I could ask. Other than that, maybe I'll put a call into my attorney and ask, but he charges $800/hour and bills in 15 minute increments!
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