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Old May 12th, 2003, 10:27 AM
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Severe Clutch Problem and Warranty Haggle

Guys,

My MCS has done only 10,000 kms. Over the last couple of weeks I have noticed a shuddering and sometimes a "clonk" when launching from standing still into 1st gear. This usually happens when the car is at normal operating temperature and only every 4th or 5th gear change so it is intermittant. Took the car into the dealer and without having taken the clutch out have confirmed the problem. Now this the killer - THEY WANT ME TO PAY FOR A NEW CLUTCH saying it is my driving style! It is not as if I ride the clutch for 5 mins on a hill waiting for the lights to turn green! They say it will cost me $1500 to have it replaced! Surely this should be remedied under warranty?

Please advise as I am both nervous and concerned by this situation.

BMW E36 M3R Alpine White - Engine : 6 cylinder; DOHC 24 valve Capacity : 2990cc Power : 243KW @ 7000 rpm Torque : 323NM @ 3900rpm Produced : Jan - May 1995 How many :15 ONLY
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Old May 12th, 2003, 07:13 PM
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From what you have said that should definitely be covered under warranty. It would here in the UK and I can't see the AUS warranty being that different. As long as you haven't been on track days or off road you should get your clutch for free.
Good luck
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Old May 12th, 2003, 07:49 PM
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It depends. You will want to read the warranty booklet carefully, because usually wear items (like the clutch disc, brake pads, etc) have a much shorter warranty than that which covers the rest of the car.

If your car is outside that wear item warranty period, then the only thing that might save you is if the failure happened because of a defect in the parts when they were manufactured, which can be tough to prove.

Now if indeed the clutch failure was due to abuse (i.e. clutch-drop launches, downshifting without rev-matching, etc) then they are in the right not to pay for it. But I don't see how they could know this without tearing it down to have a look. Clutch abuse will leave telltale evidence that is quite readily observable when they get in there.

You may have to escalate it up the chain and perhaps get MINI Australia involved if you feel the dealer has improperly refused warranty service.

Sean Bartnik
2003 MINI Cooper S
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Old May 12th, 2003, 07:50 PM
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Thanks Rob.

Further conversation this afternoon with the dealer (BMW Rushcutters Bay, Sydney) has things operating this way: The dealer agrees there is a clutch problem (based on the smell of it at normal operating temperatures). They will pull the gearbox to have a look at the clutch. If their Technical Services Manager is of the opinion that wear is due to my "driving style" I would pay for that labour and the also the replacement of clutch if I wish them to complete the job. I pay nothing if the clutch appears to have a manufacturing fault. I have authorised them to pull out the gearbox for a look. They have agreed that if the faulty clutch is deemed to be my fault (which is simply not possible ie. no track work or dragstrip stuff) I can get an independent authorised inspector from a motoring organisation to arbitrate. This was my suggestion, not theirs. I have organised such a person at my expense if so required. I really do feel ****ed off as the car is in for not only the clutch but having the rack seals of the powersteering replaced and the coolant tank as well. All this in the first 10,000kms! Am I playing this the right way?

BMW E36 M3R Alpine White - Engine : 6 cylinder; DOHC 24 valve Capacity : 2990cc Power : 243KW @ 7000 rpm Torque : 323NM @ 3900rpm Produced : Jan - May 1995 How many :15 ONLY
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Old Jun 15th, 2003, 04:02 AM
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clutch failure

I am having a similar problem. I have only 8000 miles and the clutch went totally. I have been driving forthirty years, Alfas, Porche, MG, Opel; all with considerable more miles and never a failed clutch. Dealer says it was abuse and the clutch eplacement will be $1600 plus $700 for the flywheel.
Jon
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Old Jun 15th, 2003, 05:45 AM
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I assume both of you (Jon or GreenDevil) have the hiccup/stumble when taking off in first gear - like most of us? I have driven manual cars for 25 years and never replaced a clutch either.

I am wondering if you do have the stumble in first and ride the clutch a little for smoother launches as I guess most of us do.

I think we alter our driving styles due to the short comings of the DME software and this in turn is having a detrimental effect on some of the other mechanicals.

Just a thought.

Whatever the case Mini should cough up and do the right thing!

DS/W MCS 3/03 Awarded LEMON Status
The yoyo is deemed to substantially impair the value of the car - by the FL Lemon Law. 4/14/04 In the end the LEMON squeezed itself so BMW can suck the juice.
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Old Jun 16th, 2003, 06:24 AM
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Clutch Failure

Jon,

MINI re-machined the flywheel and replaced the clutch under warranty. Within 200kms the problem returned! Shuddering and slippage under high torque ie. from a standing start (particular when the engine is warm) is the virtually a replica of the problem before the replacement. Another dealer has volunteered to look at the problem for me. Replacing the clutch at 10000kms and having the same issue after only 200kms is simply unacceptable. I will keep you posted. The dealer picks up my car tomorrow.

BMW E36 M3R Alpine White - Engine : 6 cylinder; DOHC 24 valve Capacity : 2990cc Power : 243KW @ 7000 rpm Torque : 323NM @ 3900rpm Produced : Jan - May 1995 How many :15 ONLY
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Old Jun 16th, 2003, 12:52 PM
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Zulu,
What you are saying regarding compensating for the 1st gear lag, makes sense. What is the "DME software"?

I have noticed that if I disable the DSC the lag seams to diminish.
Jon
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Old Jun 16th, 2003, 10:01 PM
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Greendevil, when I had shuddering and slippage with horrible banging noises under high torque in first gear they said my clutch and flywheel were fine but my tranny was broken (I was guessing clutch or engine mounts or something, not tranny). They replaced my tranny under warranty (around 14K miles or so), no questions asked, and the problem has been gone since (a couple of months, still driving hard like before).

At first I was disappointed that they didn't replace the clutch while they were there but in a way it is nice, no new clutch to learn or break/run in.

Harry

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Old Jun 17th, 2003, 09:38 AM
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Quote:
Originally posted by jon@fiorovichgroup
Zulu,
What you are saying regarding compensating for the 1st gear lag, makes sense. What is the "DME software"?

I have noticed that if I disable the DSC the lag seams to diminish.
Jon

Jon,

DME - Digital Motor Electronics - same thing as the ECU - it's what controls the air/fuel ratio among numerous other functions of the engine.
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