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Discussion Starter · #1 ·
Hey guys, looking for a bit of input, I am trying to keep calm, but I am becoming very irate with Nissan as well as their legal team. As you have seen in my previous posts, I am battling Nissan on a tranny failure from this summer and their inherent denial of the claim simply based on the black box data. They never even pulled the tranny nor investigated any of the known TSB's. If they would have they would have found a circlip failure as well as other known issues. I have engaged an attorney and have filed an FTC claim. I have been nothing but calm up to this point and although I had the means to fix and enhance the tranny myself (which I did), I still find this extremely frustrating particularly that they now have made the claim that they do not have to comply with the Mag Moss Act due to the section of the warranty in the 2010 manual that discusses ECU and computer modifications. Here is an abbreviation of the correspondence from my attorney. I like the position he rebuts them with, that modifying the ECU does not wash their hands of any and all liability, but just the fact that they are making that claim tells me a lot about how little respect Nissan has for their customers (particularly high end car customers such as myself). I know many nagtroc participants have had their tranny's replaced that had ECU mods and far greater bolt on mods then mine. I wonder if anyone has had any additional experience with this ECU argument and what was the result. It seems to me they are really reaching on this argument. Please let me know your thoughts or experience.

Attorney Correspondence:

"Late yesterday I had the opportunity to speak with Nissan's attorneys. They said Nissan's position is that your ECM Tune, not any aftermarket parts, is what caused the warranty to be voided. They forwarded to me the attached section from your warranty which expressly states (in the box in the middle) that any mods to the ECM voids all coverage. I communicated to them that it was our position that this was the same as a part modification. In other words, unless Nissan could prove the ECM Tune caused your transmission failure they could not deny coverage based on the tune alone. The analogy I used was a situation where a Maxima part was installed on your GT-R at the factory by mistake. You then do an ECM Tune and subsequently the Maxima part causes a catastrophic failure of the car. I doubt Nissan could point to the ECM Tune to deny warranty coverage for the incorrect use of the Maxima part. Bottom line, without actually determining the cause of the problem, they could not deny coverage. I also told them that you spent a lot of money for the car and had already filed an FTC complaint and were not going to let this go until they made it right. I strongly encouraged them to go back to Nissan and get them to do the right thing to get matters resolved."
 

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This continues to be a depressing, recurrent theme. The problem is that Nissan has never been consistent in its response to GTR owners who reflashed and then suffered a transmission failure. Some were awarded warranty coverage on appeal or review, many more it seems were denied coverage repeatedly. Until someone has the resources, time and motivation to take Nissan to court and force them to adher to Magnuson-Moss guidelines Nissan will have no incentive to change.
 

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Good luck, the transmission is the only reason I still haven't done a tune yet. I have no problem accepting responsibility if I mod the car and THAT breaks it, however I do not want to be responsible for a 4k transmission repair because of a 50 cent circlip that comes loose and grenades my tranny.
 

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did you bring it to the dealer with all this installed? "HKS Legamax Catback, HKS Midpipe (Catless), Kressieg Downpipes (Catless), ID1000cc Injectors, Gotboost's 3" intakes "?
 

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Good luck, the transmission is the only reason I still haven't done a tune yet. I have no problem accepting responsibility if I mod the car and THAT breaks it, however I do not want to be responsible for a 4k transmission repair because of a 50 cent circlip that comes loose and grenades my tranny.
for the life of me i can not understand why nissan does not upgrade those sorry ass circlips..they fall off stock cars..
 

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Discussion Starter · #7 ·
No at the time of failure I had a tune, midpipe and catback. The rest was added after the failure and once the tranny was enhanced to take it.
 

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Doesn't the MM Law trump any contractual warranty term anyway. i.e. even if the warranty says doing x will void warranty don't they still have to show that that caused the damage?
 

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Was the tune still on the car when you brought to the dealer? I am wondering how they knew it had a tune.
 

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flashing the ecu doesnt mean the whole warranty is void
they have to prove that the ecu tune caused the problem. you have to waste your time and money in court to fix the situation. is it worth it to goto court over a trans replacement, thats up to you and what you project the costs may be. or it could be cheaper for you to just send it to shep to fix it.
 

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Discussion Starter · #15 ·
Nothing, in fact never got a code, my car just locked up (all 4 wheels) as well as I was getting a clunky sound when I was doing low speed turns. Check out my other threads re: the details
 

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Discussion Starter · #16 ·
Doesn't the MM Law trump any contractual warranty term anyway. i.e. even if the warranty says doing x will void warranty don't they still have to show that that caused the damage?
Yes that is the correct argument. I am working on a response right now. A disclaimer in the warranty booklet cannot override laws in specific countries or states.
 

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They can tell if the ECU has been reflashed. That is the finding Nissan uses to deny warranty claims.
I know Nissan can spot re-flash history. I am unclear is if the dealer equipment can spot this or some other Nissan process/tool is needed. I had a dealer employee tell me that at the dealer level they can not track re-flashes, but that Nissan corporate could access that with a tool that even GTR dealerships don't have. He said that at the dealer level their reader/instrument would identify if a tune was present, but not if had been removed. I am skeptical about this claim.
 

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I know Nissan can spot re-flash history. I am unclear is if the dealer equipment can spot this or some other Nissan process/tool is needed. I had a dealer employee tell me that at the dealer level they can not track re-flashes, but that Nissan corporate could access that with a tool that even GTR dealerships don't have. He said that at the dealer level their reader/instrument would identify if a tune was present, but not if had been removed. I am skeptical about this claim.
Actually the dealer service tech can find reflashes although they do not routinely look for them
 

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I know Nissan can spot re-flash history. I am unclear is if the dealer equipment can spot this or some other Nissan process/tool is needed. I had a dealer employee tell me that at the dealer level they can not track re-flashes, but that Nissan corporate could access that with a tool that even GTR dealerships don't have. He said that at the dealer level their reader/instrument would identify if a tune was present, but not if had been removed. I am skeptical about this claim.
Doesnt really matter if the dealer can spot it since they arent the ones denying your warranty, everything Nissan HQ needs to void your warranty is in the flicker data.
 

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What is flicker data?
 
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