Marks Jewelers, Inc.

Tell
In reviewing the response from customer, there needs to be a point made about the manner in which the customer handled the alleged warranty issue with the 271D transfercase. The customer initially contacted us through an *** message stating "I need to get a replacement transfercaseThe one I received doesn't work rightIt's broken on the inside"We had our lead technician call the customer (*** ***) *** admitted to our lead technician that he heard a noise coming from the transfercase and that the noise got louder and louder and worse and worse but continued to drive the vehicle because it was his only vehicle. Upon inspection of the unit, it was noted that the transfercase had no residue of oil in the tranfercase. The customer claims that oil wasadded to the unit but the damage to the unit shows that it was run completely dry and the damage to the unit was so extensive that it is obvious that the customer completely ignored any signs of the transfercase having trouble until the unit was completely destroyed. If the customer would have contacted us at the first sign of trouble, this unit may have been covered under warrantyOur warranty states "Warranty on new and rebuilt units will be void if the unit is returned to us "burned up"It is the customer's responsibility to be aware of any leaks and have them taken care of before a failure occurs from loss of lubeLeaks are covered under the warranty, burned up units are not."
A good analogy is: You are driving down the road and your tire pressure is lowYou continue to drive and do not check the tire pressureThe tire continues to deflate you hear a thumping noise and you continue driving until the vehicle is driving on the rim of the tire You continue to drive on the rim and hear a horrifying noise but continue to drive onThe tire is not only destroyed but the vehicle suspension is damaged as well.
The customer states in their response that they own a construction company and work on heavy equipment and trucks all the time - even the least experienced of our customers contact us when they have a concern about their unit at which time we work with them to troubleshoot or inspect the unitIn fact, the opposite happened with this situation, at no time has the customer been forthcoming with our requests of assisting us in pinpointing the cause of the transfercase damage *** told us that he had a bucket of the oil he drained out of the transfercase at his home and that he could send us a picture of the back of his vehicleWe were later told that an employee had thrown away that oil and he did not send either photo
Originally we did offer to send as a customer courtesy (since this was not a warranty issue) a completely new unit and only asked him to pay $for shippingThe shipping actually costs over $so we thought that was MORE THAN fairHe declined and has turned us into ***, *** and the Revdex.comHe has called myself, my boss and our company a bunch of liars and our product a piece of junkHe has also threatened legal actionThe entities *** and *** have both reviewed the facts and found the situation to be the fault of the customerneedless to say, we have removed the offer of a customer courtesy unitWe will be shipping back to the customer the unit that they damaged "on our own dime". We have been in business over years and sold forty thousand transfercasesIn in all that time, we have never thought to end a business relationship but in this instance, this customer has given us conflicting stories, refused to be responsible with our product and attempts to sully our company name and reputation

We tried to work out a solution with the customer.He admitted he heard a noise in the transfer case we sold him.He also admitted he kept driving the truck and the noise got worse and worse till he completely destroyed the unit.When we received the unit back for inspection there was absolutely no oil...

in the Transfer case.He Told use he installed it him self and he is not a auto repairman.We Asked about the oil and he told us that he drained it.We have pictures of this unit when we took it apart and you can see there was no oil in it.I asked him about it and he said he would send us a picture of the oil he drained from the Transfer case he had in a bucket at home and also a picture of the back of the truck.After he agreed to send us the picture of the oil he said he would do, he did not then filed a claim with [redacted] contacted us after the customer refused to work with us and tried to reverse the charge.[redacted] agreed with us and now he has contacted Revdex.com.The reason for the picture of the back of the truck is he ran the transfer case so long the chain wore holes in the case.If there was oil in it the under side and back of the truck would be covered with oil.Also the oil would hit the hot exhaust and would have smoked or caught fire.If he would have stop the truck at the time of the first noise we would have noticed the lack of oil and a easy fix.We had sent all the info to a person who retired from the producer of the transfer case and he agreed with us.He was quality control for this company which builds about 90 percent of the transfer cases for [redacted] trucks.We sell about 3000 Transfer cases a year and we try out best to be fair.We had offered to replace the case after we received the pictures and would charge him 75 for one way shipping.This is not a warranty issue.Our warrenty says like all other Transfer Case shops say if the Transfer case has no oil in it or runs it out of oil it’s not a warrenty.We are Sorry it can To this but doing such a volume there will be cases like this.

Complaint: [redacted]I am rejecting this response because:
First of all, a lot of the things the company said in their response aren't even true to begin with. They accused [redacted] of saying he kept driving the truck after he heard the noise, and the noise got worse and worse until he completely destroyed the unit. We actually contacted Transfer Case Express the same day the we first heard the noise. We didn't keep driving it. We would have no reason not to immediately report and resolve the issue. The product was under warranty and we contacted them immediately to get it resolved. They also continually mention that the oil was drained from the unit and it was bone dry when they received it. OF COURSE, the unit was drained. You can't ship a unit that's full of fluid. We drained it out in our workshop, and the fluid we drained was full of metal shavings, which means the unit is not any good. It says this in their warranty. They asked us for pictures of the oil we drained and pictures of the truck and multiple other unreasonable demands. NOWHERE in the warranty packet does it say that any of these pictures are required. They said if we would have stopped the truck at the first sign of a noise, it would have been covered under the warranty. I have already said this but WE DID STOP USING THE TRUCK AT THE SIGN OF FIRST NOISE! I don't know why they continue to accuse us of otherwise. We contacted them immediately when we first heard the noise. When we received the prepaid return box, we returned the transfer case to them the SAME DAY. We did everything exactly as it said in the warranty, but they refuse to honor the warranty. In response to this statement of theirs: "Our warranty says if the transfer case has no oil in it or runs it out of oil, it's not a warranty." This response if irrelevant to our case, because we filled the unit properly with oil upon installation and we did not "run it out of oil". It was full of oil when we took the transfer case out of the truck. We drained it out before shipping it back to them, as was required. I attached a picture of the unit they sent us with the damages before we mailed it back to them. I also attached a picture of the receipt where we bought the fluid we filled it up with. They accused us of not filling it with fluid multiple times, but we did fill it. There are 4 people that were there as witnesses that saw the fluid we drained out of their defective unit. Every single one of them will attest to seeing the metal shavings in the fluid, meaning the unit is bad. Finally, we did contact [redacted] and [redacted] to try to get our money back. [redacted] was unable to help because it was past their 30 day period for [redacted] buyer protection. [redacted] was unable to help because we had already shipped the unit back to the seller before opening a case. They said there was nothing they could do at that point, and that we should have opened up a case before we returned the item. I never dreamed that I would have to go through all of this just to get a company to honor a warranty. As a business owner myself, this is completely unacceptable customer service. They have made up stories about things we didn't say, and accused us of causing the damage to the unit, all of which are untrue. We gave them a final offer to make things right before we take this to court, but they continue to be uncooperative. Our business has lost a total of $7,695 from this situation SO FAR - not having a truck to haul our heavy equipment to work. We did everything right according to their warranty papers, and I really don't know why they continue to blame us for the problems we had from their part. It's possible and plausible that there was something wrong with it from the start. It's a remanufactured part. We wouldn't have bought it if we knew we would have to go through all this. They refuse to take responsibility for what is clearly their fault.
Sincerely,[redacted]

Complaint: [redacted]I am rejecting this response because: We didn't damage the transfer case we were sent Of course it didn't have fluid it in when they received it back, because we were required to drain the unit before shipping it. We were going to send a picture of the fluid we drained, but one of our employees threw it out while cleaning out the workshop. We did install the unit ourselves, but we own a construction company and work on heavy equipment and trucks all the time. It was installed correctly. This is a warranty issue. Since we were unable to take the unit apart and inspect it on our own (it would have voided the warranty), we assumed that this was an issue with the bearings in the unit, which would be covered under the warranty. In my opinion, the only reason they don't want to warranty the unit it because they can't rebuild the one we sent back to them, it was in such bad shape. In the time that we have been having issues with this company, our truck has been parked in the shop and unable to be used. We have had to rent a truck to use for work purposes that is costing us approximately $1800 a week. We would really like to avoid going to court over this issue. They offered us a replacement for $75 shipping without a warranty, but have now retracted the offer. We would accept that offer if the replacement one came with a warranty. I have tried contacting them through [redacted] a few times without much of a response. They don't seem very interested in working this out, but they have our money, the unit we purchased, and the core we sent them. I asked them to please just send us our original core back and do a refund, so we can purchase the part from a different company, but they haven't done anything yet.Sincerely,[redacted]