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Discussion Starter · #1 ·
Hi guys,

Well, I just got the fright of my life.

Started getting weird noises from transmission, car seemed to brake in 1st and Reverse at full lock, so sent car to Nissan for 30K service and to find out what the problem was.... and SURPRISE SURPRISE they call me today to say that the car has been driven short distances with VDC off so the guarantee does NOT cover the new transmission.

I thought this issue had been solved by Nissan issuing a new version of their warranty booklet stating that the car could be used with traction control off!! I have driven the car twice on a circuit!! Have every service in the book, 28,000km and 1.5years old from new!!

PLEASE HELP ME GUYS! ITS ALL IN HANDS OF MY LAWYERS BUT I NEED INSIDE KNOWLEDGE!
 

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Hi GTRMallorca.

That's a stressful situation; plus economically very scary at first worry. :runaway::

Relax. Stay calm. Remember: You are not at fault. You have no case to answer, Nissan do. Warranty or no warranty, under EU law the product must be fit for the purpose it was described for and free from defects. :smokin:

First thing I'd say is remember gearboxes can be repaired, even the GR6 for our GT-Rs and there are aftermarket specialists out there who supply and fit repairs for sensible money, i.e. a few thousand Euros rather than tens of thousands of Euros.:cool: In the UK, I beleive Car Planet Racing, Severn Valley Motorsport, Litchfield Imports can all do this. I also think I read GTC stock a full range of GR6 upgraded parts. :thumbsup:

A sticking solenoid is a common first fault for the box and can be economically repaired, if I recall correctly. So fingers crossed it's something simple.

If I were you I'd let Nissan diagnose the fault and offer you a price for repair. Then you can consider your aftermarket options and your option to have it repaired (upgraded!!! :chuckle:) at an aftermarket specialist to limit costs. You also may have an option to sue Nissan for the cost of repair, if they are fault due to a manufacturing defect, provided that's a legal option, but you'd need to consider if you were likely to win with your solicitor and also be prepared to prove you have a case and spend the time and effort necessary to win it. :banned:

A first step might be reminding Nissan of their revised policy as per Alloy's link above, i.e.:

"There is no specific risk of mechanical failure from driving with ESP off and there is no intention to reject a warranty claim based on the ESP setting. There has never been a warranty claim rejected in Europe due to this and Nissan has no intention of doing so in the future."

Not a pleasant place to be, but you do have options to convince Nissan to uphold their policy or alternatively to repair it economically yourself and try to recover your costs, none of which need you paying for a brand new GR6 transmission yourself. :cool:You have my sincere sympathy but also best wishes, I'm sure there's a way to solve it without too much expense or hassle. Nissan may yet come good. Fingers crossed and have faith. :wavey:
 

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Another option is to offer to pause legal action and seek mediation with Nissan, if they agree.

It seems a simple matter of either the policy is upheld when an ESP-off claim is made or it is not.

However, if an owner's caused damage to a transmission through genuine abuse, Nissan would be in their rights to refuse repair under warranty.

Are Nissan saying ESP-off with no evidence meets their standard of evidence for abuse?
+ is the failure diagnosed consistent with ESP-off, given "Mechanical failure encountered while driving with ESP Off is covered by warranty" according to Nissan's own policy clarification.
 

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Just to explain; "VDC off" is covered by the warranty and there are cases in the past where there have been issues and there has never been a problem whether or not the VDC is on or off. However, when you take your car in they can tell by looking through the Flicker (data recorder) whether the car was being abused at the time or whether there has been abuse previously and for any length of time. Any manufacturer will void any warranty if it can be proven the car has been abused and the fault is as a result of such incidents. There are other (non-Nissan) forums with similar examples so it's not just Nissan.

Anyway, as I said previously, it is with your lawyers so suggest you continue with them and I hope this information is helfpul in some way. But, because it is subject to due legal process (and because you're not a GTROC member) we wont be getting involved.
 

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I think the term "abuse" is way to ambiguous to be honest. If taking the car on track is "abuse" then a lot of people would not have purchased one. Doing endless donuts (if even possible) in a car park somewhere I guess is closer to the mark? I am constantly looking for Nissan to show some signs of reversing the negative wave of feeling towards them and I haven't found anything in this thread - although the OP may well have been "abusing" his car I guess - it is just a shame that everything seem so "uphill" with Nissan and the dealers unfortunately....imho, dyor.
 

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I think the term "abuse" is way to ambiguous to be honest. .....
From a legal dictionary:
a·buse (-byz)
tr.v. a·bused, a·bus·ing, a·bus·es
1. To use wrongly or improperly; misuse.
2. To hurt or injure by maltreatment
n. (-bys)
1. Improper use or handling; misuse.
2. Physical maltreatment.
4. An unjust or wrongful practice.
 

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From a legal dictionary:
a·buse (-byz)
tr.v. a·bused, a·bus·ing, a·bus·es
1. To use wrongly or improperly; misuse.
2. To hurt or injure by maltreatment
n. (-bys)
1. Improper use or handling; misuse.
2. Physical maltreatment.
4. An unjust or wrongful practice.
As I said, it is too ambiguous but thanks for the "definition". How this is applied to the use of a very high performance track focussed vehicle's traction control is where the difficulty lies - not the use of Google...imho, dyor :D
 

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It's even more ambiguous when you factor in the marketing campaign and the ring time/saga. I'm certain, although happy to be corrected, the video of the lap you could see VDC was off, would Nissan abuse their very own GTR? :D
 

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Discussion Starter · #11 ·
Thank you very much all for your quick responses.

First of all I would like to make clear that I have only ever launched the car twice, and have only been driving with the ESP off for the last 6 months only, twice on track for about 4 laps of 1.36mins...keeping below the 120ºC temp for tranny

I have never revved the car whilst cold, ever, always above normal operating temperatures.

I have done all the Nissan services.

They are saying that the data logged shows me driving the car for short periods of time with the ESP off. The reason for this is that I live 5 mins drive away from work and on a bloody Island for christs sake!

I have discussed this with my lawyer, but havent taken any action yet. I wanted to get more info from here and ask my nissan dealership for a full mechanical report.

Do you guys have a copy of the new warranty manual that confirms the changes mentioned in the earlier post? I need to send this to Nissan and my lawyer!

Thanks a million everyone! I feel more reassured with your posts!
 

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Discussion Starter · #13 ·
A spirited drive along normal roads can never be considered abuse - I would suggest you ask the HPC to refer to Nissan Europe to be reminded about the "amended" warranty wording.

D
I have! I´ve sent them a nasty letter demanding a full explanation and mechanical report, and I have sent them the amended warranty wording mentioned on the post. :squintdan
 

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What a shame that Nissan dont offer standard warranty on the gearbox for earlier model years.

Nissan should either recall all gear boxes and fix common weaknesses or honour a warranty that covers the gearbox whatever mode is used.

It's very sad that Nissan don't stand behind the GTRs weaknesses as much as they do it's strengths.
 

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If turning off VCD voids the warranty, why give us the switch to do it in the first place I ask??

Might as well label it "Warranty no longer Required" switch.

Got to have if stuck in snow, OK, let it automatically engage again after xx seconds / minutes.
 

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It does not void warranty as has been explained previously herer and in other threads to some considerable detail
GTRmallorca is being told it has rendered his warranty void, or that is being used as the excuse to refuse a warranty claim. I sincerely hope your are correct Fuggles and it's "dealer error".
 
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