Engine/Transmission (1998.5 - 2002) 53 Just Got Me:UPDATE

[dmistal]

Just picked my truck up this afternoon,99 w/74,435 miles, went in 12-8. Got a #56 short block now. I choose this time to upgrade and change many things. ATS manifold,PDR cam & lifters,SPA hose kit,(red),w/S. S. T-bolt clamps,AFE Pro-Guard 7 kit,PS HD Idler,Relocation kit for engine breather (TSB),Water pump,Belt tensioner assy. and painted the engine Cummins "Bluke",(black with a blue tint).

DC allows 21 hours for the change,took 12 additional hours. I paid for these hours at $37. 50 per hour,all my extras!. (shop rate=$60. 00). Charge back to DC for warranty,parts and labor,$5215. 07. My warranty on my new short block is 12 months/100,000 miles (its wrote right on my invoice). A couple of things to note,I couldn't believe how plugged my radiator was,the breather@ the front of the engine is BAD. Between the condenser and radiator the diameter of the fan was clogged,you won't even see it as I cleaned the bugs out regularly. Larry,the mechanic said hes cleaned many that have come in with Hi-temp or overheat problems. He also hooked everything back up,Edge EZ and my PM3 comp. They knew of my injectors and the Turbo too. I'm happy and relieved,just like you,this is my "Baby",I can now sleep better,(seriously!)

I was just noticing the posts on the VP44,I took delivery of my truck on 11/98,pump wire was pierced 10/99, 60,073 miles ago! Next?? Dave

 

[KatDiesel]

Sounds like it worked out wonderfully.

 

[dmistal]

KatDiesel,yes it did. I still can't forget the first coversation I had with "Dave" the service manager over this cracked block,It was not good. Mark,the salesman at this dealership I bought the truck through told me that when Dave put this through for warranty, DC or actually there district Rep. didn't give him a hard time about it at all,lucky me I know.

One thing Mark did tell me was there are a bunch of things coming from DC regarding the new 2004. 5 Cummins trucks,stating that if "anything" is tamperd with under the hood,you'll have no warranty,period. I've got to beleive him,so,all of you out there getting in line for that 325hp Cummins,just beware,"I am my own warranty station", may apply more than ever,gotta feeling this is only going to get worse. Dave

 

[Ncostello]

Its amazing they even printed the word "warranty" on your receipt with all the extra mods like the cam installed... and the boxes! Looks like you've got a runner now!!



On the new ones... with 330hp/600lbs... I'd be content to leave it as is. Those horsepower figures are at levels of the 8. 3L ISC for fire truck applications.

 

[csevers]

Very Glad to hear they took care of it.

That is the way it should be <. > They know of the problem and should stand behind it. You should also be very happy to have such a good dealer to work with. Please keep all the other (poor *******s) with the #53 block in your thoughts at night.



Craig

 

[tbrudder]

Originally posted by dmistal

One thing Mark did tell me was there are a bunch of things coming from DC regarding the new 2004. 5 Cummins trucks,stating that if "anything" is tamperd with under the hood,you'll have no warranty,period. I've got to beleive him,so,all of you out there getting in line for that 325hp Cummins,just beware,"I am my own warranty station", may apply more than ever,gotta feeling this is only going to get worse. Dave

I've heard things like this from a few people now, and I can't see how it can be legal. The Magnuson-Moss Act of 1975 deals with warranty terms. As I understand it, it makes it illegal for manufacturers (DC in this case) from denying warranty claims for aftermarket parts (like oil filters, lube oil, air filters, and I assume all the various parts and injectors) unless it can be proven that the aftermarked product caused the failure, and I believe the burden of proof is on them.



What this means (I believe--IANAL) is that yes, DC can deny warranty coverage if you put in a box and your engine blows up because of it (which they have to prove). Just because you have made modifications doesn't automatically void your warranty.



Sure, they can say that, but that don't make it so, though you might have to go to court to get the situation resolved.



Again, IANAL, but unless there's something in the purchase documents you sign about waiving your rights under the Act (not sure if that's even legal), I can't see how they can legally void your warranty, unless they can prove your aftermarket stuff caused the failure (which would only deny coverage for that single event, in any case).



Any lawyer types that know what they're actually talking about care to comment?



Anyway, man--glad you got it fixed.



--Ty

 

[wyosteve]

tbrudder-- you're technically right. Unless they can prove it they can't deny warranty coverage. BUT they have you right by the short hairs. Your truck needs repair. They deny warranty. If you choose to pursue it you need to hire a lawyer which costs money and can take a long time to resolve. In the meantime you are without a truck, incurring legal fees which may easily exceed the cost of repairs. SO it's easier economically to pay up and not screw with the legal hassle. DC certainly knows this and plays it to their full advantage.

 

[B9Mile]

When your engine was reassembled, what did they do with the KDP?



Did you already have the improved gear case, or did they block the pin with a tab or a setscrew?

 

[tbrudder]

Originally posted by wyosteve

tbrudder-- you're technically right. Unless they can prove it they can't deny warranty coverage. BUT they have you right by the short hairs. Your truck needs repair. They deny warranty. If you choose to pursue it you need to hire a lawyer which costs money and can take a long time to resolve. In the meantime you are without a truck, incurring legal fees which may easily exceed the cost of repairs. SO it's easier economically to pay up and not screw with the legal hassle. DC certainly knows this and plays it to their full advantage.

All good points, but I believe the Act allows you to recuperate legal fees, too. Figure pay for the repairs up front, get your money back later.



I'd like to see someone actually do this, just to see how it turned out. If DC thought someone who actually knew what they were doing (legally and technically informed), they'd know it would cost more money even if they won a lawsuit, and be more inclined to settle.



Like you said, though--it's easier to just curse and pay out of pocket. Just ^$# me off, especially when they know good and well they've already got problems (i. e. LP/VP-44)



--Ty

 

[NScott]

My Opinion!

I don't know if you have a 53 block or not. If you do, you are another one of the many unlucky. I too am in this group,however, my block on my 99 has not cracked YET! I don't know if it will or not but it has a better than most chance because I tow heavy, I bought the truck to TOW, if I didn't want to TOW the loads of farm equipment I pull on my 5'er, I would have stayed with the many gas GM's I have owned. It has been posted on some threads that if one loads too heavy and their block cracks that they should'nt b... h about it. I don't see it that way because the weight of the tow should have NOTHING to do with whether the block cracks or not. Maybe other things such as the transmission,rear end, clutch, U joints etc. but NOT THE BLOCK!!! It has been said that Dodge buys the engines from Cummins without warranty and I also understand that but there is a law that goes beyond the normal warranty as it is often thought of and that is the WARRANTY OF MERCHANTABILITY AND FITTNESS OF PURPOSE. I think this is where a KNOWN DEFECT by a manufacturer (Cummins) has some if not all of the liability. But I'm not a lawyer, and it would take a Class action lawsuit and many years of legal fighting to resolve. I just find it unacceptable to pass this defect off and all the potential cracked blocks that will happen in the future, by merely saying that if you are out of warranty you are SOL given the track record of long life for these engines ( up to and beyond 1,000,000 miles for some). Cummins and/or Dodge SHOULD cover just the cracked blocks for years to come regardless of miles or age because IT IS AND WAS A KNOWN DEFECT!!:-{} :-{}