U.S. Diesel Agreement w/ MB
My question is - is anyone familiar with the details of the diesel consent decree agreement that can help on a clause written in Appendix A, page A14, paragraph 18.j., which describes "Buyback and Lease Termination Remedies?" Here's part of what it says:"...in the event that, during the 18 months or 18,000 miles (whichever comes first) following the completion of the Approved Emission Modification (the “Remedy Period”), Defendants fail to repair or remedy a confirmed failure or malfunction covered by the Extended Modification Warranty and associated with the Approved Emission Modification (a “Warrantable Failure”) after the Eligible Owner or Eligible Lessee physically presents the Eligible Vehicle to a Dealer for repair of the Warrantable Failure; and (1) the Warrantable Failure is unable to be remedied after making four separate service visits to the same Dealer for the same Warrantable Failure during the Remedy Period; or (2) the Eligible Vehicle with the Warrantable Failure is out-of- service due to the Warrantable Failure for a cumulative total of 30 days during the Remedy Period, not including any days when the Dealer returns or otherwise tenders the Eligible Vehicle to the customer while the Dealer awaits necessary parts and such vehicle remains Operable."
MB dealer has had my car for 13 days. They have no idea when they're going to get part. My vehicle remains in "limp mode." They could return it to me while we wait for part, but is a vehicle in "limp mode" considered "Operable?" At this rate, vehicle unlikely to be back to me within 30 days.
Anyone else in the same or similar boat? MB dealer said "lots of vehicles waiting for this part...
Appreciate anyone that can help with this one - it's getting into lawyer territory I believe...
Thanks
I read the documentation about the recall and it seems the EGR valve should have been replaced then and should be under warranty. I do not see the part number 642-140-21-60-64 on the paperwork.
If 642-140-21-60-64 is the right part I found it at https://classicparts.mbusa.com/. They say they have it when I go through the order process. I'm calling the dealer tomorrow about it.
Are there any updates from anyone else on this thread?
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