Disclaimers?

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desgei

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Try to make a Quick story: went to quick lube & got an oil change: drove 1800 miles; during driving time van was running rough (thought needed tune up); husband & I checked engine and found no oil; quick lube was notified and sent worker to us; verfied no oil in van; said nothing of plug being messed w/ (I think they mark for tampering). Manager says we must have burned oil; took van to Alton's mechanic to check for leaks & found no leaks to leak that much oil; did consumption test @ 100 miles & 500 miles and no oil consumption; verified w/ 4 other mechanics in town is that accurate way to test oil consumption and if it proves my van did not "burn the oil" & and they agree w/ Alton's and even state quick lube must've goofed up; also oil light wire was unplug that would have told me I was low on oil, they really can't deny their mistake but now is using the disclaimer, that of course never read until it was pointed out, "The materials and workmanship for these services are warranted against defect for thirty days or one thousand miles whichever comes first. This warranty is in Lieu of all other warranties express or implied. The implied warranty of merchantability is expressly excluded. All claims must be presented to Appleway Quick Lube. Initiation of repair work by any party prior to notification by any Appleway Quick Lube representative will render this limited warranty null and void. All claims must be accompanied by this service ticket." My van engine is ruined, am I screwed or can I go after them? Yes, I should've done oil checks weekly; but since I wasnt leaking and smoke never ever came my from my exhuast I thought I would be fine. So, I quess I noticed 28 days too late and 800 miles to far? Please help, all I wanted was an oil change and now have a vehicle that isnt going to last too long.

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Going to small claims court is usually worthwhile to get yourself heard. Proving your case here may be difficult. From what you're implying, it took you 28 days to discover that you had no oil? That's a very long time so it would seem. So is 1,800 miles. I would have thought that you must have had some problem that might prompt a reasonable person to "check" the oil. It seems you didn't. I want to believe that this was Quick Lube's mistake but I'm not sure.

The point is that regardless of their warranties, you first have to prove your case that it is at least more likely than not that Quick Lube was negligent and didn't place oil into your van. Additionally, you may also need to prove that Quick Lube must have unplugged your oil light indicator - after all, this would have explained why the oil light didn't go on when it should have right after this oil change. I'm not sure from what you're telling me that what you think happened actually happened.
 
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