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RE: Front part of dash 04 Monte...

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RE: Front part of dash 04 Monte... - 6/9/2005 4:54:44 AM   
mickey


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i said to put a coke bottle on it so you could find out if it will hurt wen it hits ya. your the one saying it wont be a issue. When in truth you can be hit or even harpooned by things in your car flying around during a wreck. take your chances if you want to. TO ME IT IS A Safety ISSUE. I don't car if a knob ON the radio is the issue here it would be fixed before i was happy about it.

you opinion is it is not that big of a deal fine then do what you want with your car as we all know you will anyway

but as far as the rest of us we do think and say things that might not agree with you,

Yes i know it is warped DUDE I can read.
but if it is warped it also means the clips are not going to hold it the way it was designed to be held and might fly out of there with a hard enough hit. there fore your head would be in the way of where it might travel so yes it is a safety issue at that point.

you can throw a coke bottle on your dash and go see if it will hit you in the head in the event of a wreck to find out it you think that dash part is something to worry about or not .
you seem to learn more by example then anything els so i figured i would let you know how you could learn besides it might knock some sens in to ya LOL


< Message edited by mickey -- 6/9/2005 4:58:48 AM >


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RE: Front part of dash 04 Monte... - 6/9/2005 5:11:09 AM   
04MonteLS


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quote:

ORIGINAL: mickey

i said to put a coke bottle on it so you could find out if it will hurt wen it hits ya. When in truth you can be hit or even harpooned by things in your car flying around during a wreck.

but if it is warped it also means the clips are not going to hold it the way it was designed to be held and might fly out of there with a hard enough hit. there fore your head would be in the way of where it might travel so yes it is a safety issue at that point.

you can throw a coke bottle on your dash and go see if it will hit you in the head in the event of a wreck to find out it you think that dash part is something to worry about or not .
you seem to learn more by example then anything els so i figured i would let you know how you could learn besides it might knock some sens in to ya LOL

If the coke bottle hits me, how does that prove that the dashboard is the safety issue? You don't make any sense, yet you throw around insults like it's the thing to do. Besides, who drives around with a coke bottle on the damn dash board?

Just cause the thing is warped doesn't mean the clips are compromised, you are assuming they are. Didn't you read the part where he said the dealer spec'd everything out and it all checks out fine? So much for the safety issue. If you get hit hard enough for the dash to go flying, then for one, you've got more to worry about than the dash hitting you, and two, those little clips would never be your saviour.

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RE: Front part of dash 04 Monte... - 6/9/2005 6:21:08 AM   
montejass


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Well, speaking from the standpoint of having removed all those dash parts, there is no way a warped dash panel is going to work it's way loose and go flying around the car in the event of an accident. Even if none of the clips were holding it in place it's wedged in there pretty good with the dash pad and pillar covers.

I think this is primarily a cosmetic problem, but still a problem that I would want fixed.


TVW

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RE: Front part of dash 04 Monte... - 6/9/2005 8:44:40 AM   
Nitro40

 

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Unfortunitly, I did mean Expoy. That did not work so I guess they will not be trying that again (at least I hope not). There will me more words said about that when I talk to the dealer face to face. Not being able to get the dash apart later was the first thing I thought of when I heard that.

I don't believe I could pass this off as a saftey issue. I think it is only cosmetic. Although if it keeps warping, and it is caused by a fitment issue, then what else is not fitting properly in the car? This would be a stretch though.

The dealer is in central IL. I would prefer not to give the exact location or name at this point, as they are still trying to make it right. That being the case, I am not sure weather I should praise them or bad mouth them (starting to lean toward the latter).

I have had the car about a year and a half now (bought it late Feb. 04). The car had been built in Feb. also. I have about 13,500 miles on it now. I wonder how the lemon law fits into all of this? Some people say that it all has to take place within a year or 12,000 miles. Others say it does not matter, since they cannot get it fixed and it is still under the factory warrenty. If it is the 1 year or 12,000 miles, is that from when the problem started or to when you filed the paperwork?

Hopefully the dealer will let me know more today or tomorrow. I will post back when I find out their next move.

Thanks,


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RE: Front part of dash 04 Monte... - 6/9/2005 8:50:33 AM   
montejass


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When did you first take you car in for this problem?

Here is the IL lemon law outline that may help you or at least better inform you of your rights.

Illinois Lemon Law

Illinois Compiled Statutes Annotated, Chapter 815 ยงยง 380.1 to 380.8

815.380.1

This Act shall be known and may be cited as the New Vehicle Buyer Protection Act.

815.380.2 Definitions.

For the purposes of this Act, the following words have the meanings ascribed to them in this Section.

(a) "Consumer" means an individual who purchases or leases for a period of at least one year a new vehicle from the seller for the purposes of transporting himself and others, as well as their personal property, for primarily personal, household or family purposes.

(b) "Express warranty" has the same meaning, for the purposes of this Act, as it has for the purposes of the Uniform Commercial Code.

(c) "New vehicle" means a passenger car, as defined in Section 1-157 of The Illinois Vehicle Code, a motor vehicle of the Second Division having a weight of under 8,000 pounds, as defined in Section 1-146 of that Code, and a recreational vehicle, except for a camping trailer or travel trailer that does not qualify under the definition of a used motor vehicle, as set forth in Section 1-216 of that Code.

(d) "Nonconformity" refers to a new vehicle's failure to conform to all express warranties applicable to such vehicle, which failure substantially impairs the use, market value or safety of that vehicle.

(e) "Seller" means the manufacturer of a new vehicle, that manufacturer's agent or distributor or that manufacturer's authorized dealer. "Seller" also means, with respect to a new vehicle which is also a modified vehicle, as defined in Section 1-144.1 of The Illinois Vehicle Code, as now or hereafter amended, the person who modified the vehicle and that person's agent or distributor or that person's authorized dealer. "Seller" also means, with respect to leased new vehicles, the manufacturer, that manufacturer's agent or distributor or that manufacturer's dealer, who transfers the right to possession and use of goods under a lease.

(f) "Statutory warranty period" means the period of one year or 12,000 miles, whichever occurs first after the date of the delivery of a new vehicle to the consumer who purchased or leased it.

(g) "Lease cost" includes deposits, fees, taxes, down payments, periodic payments, and any other amount paid to a seller by a consumer in connection with the lease of a new vehicle.

815.380.3 Failure of vehicle to conform; remedies; presumptions.

(a) If after a reasonable number of attempts the seller is unable to conform the new vehicle to any of its applicable express warranties, the manufacturer shall either provide the consumer with a new vehicle of like model line, if available, or otherwise a comparable motor vehicle as a replacement, or accept the return of the vehicle from the consumer and refund to the consumer the full purchase price or lease cost of the new vehicle, including all collateral charges, less a reasonable allowance for consumer use of the vehicle. For purposes of this Section, "collateral charges" does not include taxes paid by the purchaser on the initial purchase of the new vehicle. The retailer who initially sold the vehicle may file a claim for credit for taxes paid pursuant to the terms of Sections 6, 6a, 6b, and 6c of the Retailers' Occupation Tax Act. Should the vehicle be converted, modified or altered in a way other than the manufacturer's original design, the party which performed the conversion or modification shall be liable under the provisions of this Act, provided the part or parts causing the vehicle not to perform according to its warranty were altered or modified.

(b) A presumption that a reasonable number of attempts have been undertaken to conform a new vehicle to its express warranties shall arise where, within the statutory warranty perio

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RE: Front part of dash 04 Monte... - 6/9/2005 9:36:24 AM   
04MonteLS


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quote:

ORIGINAL: tvanwinklehome
there is no way a warped dash panel is going to work it's way loose and go flying around the car in the event of an accident. Even if none of the clips were holding it in place it's wedged in there pretty good with the dash pad and pillar covers.


and good find on the IL Lemon Law statute, hopefully that helps him out in whatever he decides to do from this point.



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Post #: 46
RE: Front part of dash 04 Monte... - 6/9/2005 11:30:18 AM   
Nitro40

 

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Actually, looking back at my service invoices...I guess I did not get it into the shop until Aug. 04 with 5700 miles on it.

In 815.380.2 section F, it says (f) ""Statutory warranty period" means the period of one year or 12,000 miles, whichever occurs first after the date of the delivery of a new vehicle to the consumer who purchased or leased it. " Since the problem arose before either one of these, am I still OK here?

There is also the 815.380.3 section 1: "the same nonconformity has been subject to repair by the seller, its agents or authorized dealers during the statutory warranty period, 4 or more times, and such nonconformity continues to exist; or" This seems to be what I would fall under if the "Statutory Warranty Period" would not kick me out of the running. I would think that since they have been trying to get it fixed since before the "Statutory Warranty Period" was up that I would be OK, but the law can be interpreted different ways.

Anyone have any legal experience with this?

If the dealer was really worried about keeping my business, then I would think they would help me out. Hard to tell though.

Thanks,

(in reply to 04MonteLS)
Post #: 47
RE: Front part of dash 04 Monte... - 6/9/2005 12:27:54 PM   
mickey


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nitro i think if it wa me and this was my car i would take what you have and a print out of the law with you to go see a lawyer they have some out there that will give a free consult for you and they will not tell the dealership it was done unles syou hire them it is stricktley for you and them to see what can be done about the sistuation.

It might be a good idea to do this if you want to presue inacting the lemon laws in your state.

But sonds to me that if it works out for you you could get that whole NEW CAR FEELNG AGAIN LOL
but up to you on that one. I think inless you really like that color intereior i would look in to a diffrent color to see if you can have better results with the car.



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RE: Front part of dash 04 Monte... - 6/9/2005 12:53:24 PM   
montejass


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IMO You have a case. You have documentation showing that they started working on this problem a very long time ago.

Google "IL Lemon Laws"....... There you will find many lawyer links that offer free consultation/review of your issue.


TVW


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Post #: 49
RE: Front part of dash 04 Monte... - 6/9/2005 10:58:10 PM   
04MonteLS


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I agree with the above mentioned advice. Too bad you don't have prepaid legal, you could have your law firm write a stern letter and you'd be suprised the results a well worded letter from a law firm can get. Good luck with this bro, hopefully they do you right and make you proud to own a MC once again.

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