Oil Change: Dealer vs. any other oil change place.....
Oil Change: Dealer vs. any other oil change place.....
so i got my car a month and a half ago and now i think its time to do the oil change....i'm thinking about taking it to the dealership...where they charge around $40 plus tax for oil change and filter....
or i can take it to some regular oil change place.....or walmart....where they will charge $20 for the same thing....
What do you think i should do... i know the infiniti dealer probably would do a better job and knows the car...but i don't wanna pay double if i can get the same thing somewhere else...is it worth it...
also what if i take it to a nissan delearship instead of infiniti...do you think there is a big difference?
i don't want to change the oil by myself.....
or i can take it to some regular oil change place.....or walmart....where they will charge $20 for the same thing....
What do you think i should do... i know the infiniti dealer probably would do a better job and knows the car...but i don't wanna pay double if i can get the same thing somewhere else...is it worth it...
also what if i take it to a nissan delearship instead of infiniti...do you think there is a big difference?
i don't want to change the oil by myself.....
Be sure to keep all receipts and that they contain VIN, TAG, date, mileage, oil type and quanity and are signed by a human.
Your warranty requires that oil be changed by 7499.9 miles and 180 days or the engine warranty is void AND you must have legal proof.
You should see the number of owners who try to palm off non legal receipts or Kmart oil purchase receipts...............just buying the oil/filter doesn't prove when/if it was installed!
Also your warranty REQUIRES you to maintain all fluid levels above minimum marks failure to do so is negligence and can be ground to void warranty by Nissan.
Your warranty requires that oil be changed by 7499.9 miles and 180 days or the engine warranty is void AND you must have legal proof.
You should see the number of owners who try to palm off non legal receipts or Kmart oil purchase receipts...............just buying the oil/filter doesn't prove when/if it was installed!
Also your warranty REQUIRES you to maintain all fluid levels above minimum marks failure to do so is negligence and can be ground to void warranty by Nissan.
Oil Change
Proof of oil service by receipts submitted with a signed and sworn affidavit from the owner that the oil and filter was replaced at a particular mileage interval and on a specific date, under common law, would create a rebuttable legal presumption that the oil was in fact changed.
To require otherwise would require that the oil and filter service be performed by a retail establishment which provides such services in their ordinary course of business. The Infiniti Warranty places no such requirement on the vehicle owners.
Negligence is a legal standard of care or maintenance. It is only created by government statute, regulation or common law. Owners of vehicles have no such duties to the vehicle manufacturers. Whether an owner maintains their vehicle according to the terms of the manufacturer's warranty is a contractual matter. Since manufacturers' warranties are adhesion contracts (where the purchaser did not negotiate the warranty terms) courts look to whether the owner substantially complied with their contractual obligations when they seek enforcement against the manufacturer.
To require otherwise would require that the oil and filter service be performed by a retail establishment which provides such services in their ordinary course of business. The Infiniti Warranty places no such requirement on the vehicle owners.
Negligence is a legal standard of care or maintenance. It is only created by government statute, regulation or common law. Owners of vehicles have no such duties to the vehicle manufacturers. Whether an owner maintains their vehicle according to the terms of the manufacturer's warranty is a contractual matter. Since manufacturers' warranties are adhesion contracts (where the purchaser did not negotiate the warranty terms) courts look to whether the owner substantially complied with their contractual obligations when they seek enforcement against the manufacturer.
Quit being lazy and do it yourself. Friend of mine had a brand new 08 Lancer that she took to wal-mart for an oil change...she now has a brand new motor that wal-mart had to pay for from doing this oil change. You be the judge.
But how do they prove to the court that they [the owner] substainally complied and actually changed the oil within the 180 day period without 3rd party written documentation.
Normally a smart dealer just throws up his hands and tells you to contact Nissan to get authorizations and he will be happy to do as they direct.
Why get in the middle of a contract that you were never party to in the first place.
Normally a smart dealer just throws up his hands and tells you to contact Nissan to get authorizations and he will be happy to do as they direct.
Why get in the middle of a contract that you were never party to in the first place.
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This is what we are taught in law school. Legal presumptions and burden of proof.
When a party asserts a recognizable legal claim based upon statute or common law, by legally recognized theories of law such as contract, duty of care, etc., the mere assertion of the claim can create a presumption, which may or may not be rebuttable.
Let us assume the presumption is rebuttable, as it would likely be in the case of a car owner seeking legal enforcement of a contractual warranty obligation of a manufacturer. Once the assertion is made, and this can be done by way of sworn affidavit, then the burden shifts to the party denying the legal obligation to prove that the assertion is false. That party opponent would likely have to produce relevant and credible expert testimony that proves something contrary to the claimants assertion. In the event that the burden is successfully shifted back to the claimant then the claimant can produce his own expert witness to rebut the party opponent's expert's claims.
That is what Judges and Juries do every day in courts throughout this land. They weigh or assess credibility of witnesses and making findings of fact, based upon application of the rule of law to the credible evidence.
The 180 day 7500 mile oil change interval is a recommendation or guideline for proper care of the vehicle. However, it is not a standard of care as far is the law is concerned. The standard of care is what either statute or the courts have founds experts in the field agree upon.
As a safeguard any party found to have submitted a false affidavit to a court can be held in contempt of the court and is subject to fine and or incarceration, and can certainly be ordered to pay the other parties costs of litigation.
When a party asserts a recognizable legal claim based upon statute or common law, by legally recognized theories of law such as contract, duty of care, etc., the mere assertion of the claim can create a presumption, which may or may not be rebuttable.
Let us assume the presumption is rebuttable, as it would likely be in the case of a car owner seeking legal enforcement of a contractual warranty obligation of a manufacturer. Once the assertion is made, and this can be done by way of sworn affidavit, then the burden shifts to the party denying the legal obligation to prove that the assertion is false. That party opponent would likely have to produce relevant and credible expert testimony that proves something contrary to the claimants assertion. In the event that the burden is successfully shifted back to the claimant then the claimant can produce his own expert witness to rebut the party opponent's expert's claims.
That is what Judges and Juries do every day in courts throughout this land. They weigh or assess credibility of witnesses and making findings of fact, based upon application of the rule of law to the credible evidence.
The 180 day 7500 mile oil change interval is a recommendation or guideline for proper care of the vehicle. However, it is not a standard of care as far is the law is concerned. The standard of care is what either statute or the courts have founds experts in the field agree upon.
As a safeguard any party found to have submitted a false affidavit to a court can be held in contempt of the court and is subject to fine and or incarceration, and can certainly be ordered to pay the other parties costs of litigation.
While you are legally correct the real world is often different inthat few are able to pay the retainer and cost of expert witnesses that corps already have on payroll.
A blown $10k engine is not a life/wrongful death situation so waiting a few years for legal resolution is often not in the cards for many.
Why the contract is subject to arbitration by experts who are familiar with the bad inferior oil change habits of the public and the common damages the owners cause.
9 times out of 10 the corps will fold unless they have just hired new councils and need to exercise them.
Since Nissan moved corp headquarters to Tennessee:
http://www.tba.org/lawbytes/T9_1800.html
A blown $10k engine is not a life/wrongful death situation so waiting a few years for legal resolution is often not in the cards for many.
Why the contract is subject to arbitration by experts who are familiar with the bad inferior oil change habits of the public and the common damages the owners cause.
9 times out of 10 the corps will fold unless they have just hired new councils and need to exercise them.
Since Nissan moved corp headquarters to Tennessee:
http://www.tba.org/lawbytes/T9_1800.html
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