Bad Oil New Tractor

   / Bad Oil New Tractor #81  
So... have you had the contents analyzed?

Very good think you kept the pail since the company's website does not list Kubota for the product you bought...

I'm not a lawyer... only play arbitrator from time to time.

My belief is your case hinges on the residual green fluid in the pail that is listed as meeting Kubota Spec for your equipment.
Yeah but what Spec for what Tractor???
 
   / Bad Oil New Tractor #82  
btb, you've spent some time here trying various scenarios to convince everyone that somebody owes you a new tractor for your mistake and refusal to use manuf. recommended fluid.

So far, you haven't convienced many.

small voice=gut feeling=common sense

You didn't follow it.


Now, what did the analysis say about what that fluid actually was?
 
   / Bad Oil New Tractor #83  
One thing that upsets me is that he said he brought it to the dealer the first time and they TOOK A MONTH to put new brakes in it. I have a brand new L4400 and if the dealer took a month to do a brake job on it I would be AWFULLY MAD! Why so long? They don't stock parts or they have work backed up for a month. Either thing is inexcusable.

What needs to be replaced on the tractor now? The OP didn't say so I wonder if the dealer told him. We need to know what is wrong with it and needs to be repaired or replaced and if this is the result of wrong oil or possibly caused by the wrong remotes and hydraulic setup on the tractor or by defective workmanship by the other dealer who repaired it first.

Then we need to know if he had an oil analysis done on the current oil or on the green oil to determine if indeed, this could have caused the problem. If the green oil was bad, was it the wrong oil or was algae or something in it from him storing it incorrectly for a long time before he used it because the new oil he just bought looked ok.

We don't have enough information about this situation to state who is wrong and liable. I wish the OP would provide us with more info.
 
   / Bad Oil New Tractor #84  
I also agree that alot hinges on the green oil... knowing what it is will shed light on what has happened tot he tractor.. again. a thick hypoid ger oil.. I can think of a few situations where that would cause problems.. and exacerbate problems in a hyd system that was already running against relief due to a boneheaded move by the dealer installing the remotes wrong..

soundguy
 
   / Bad Oil New Tractor #85  
Wow, this thread unravels at blinding speed.....
What actually happens if you use your manufacturer's brand of filter and the dealer changes it and it gets sucked into the engine and the engine is toast is the GARAGE Keeper's Liability Insurance Policy kicks in IF the customer pushes the issue and the dealer hasn't already made good on repairing the engine damage. How do I know this? I owned a foreign auto shop and had just such a policy to cover any such errors.
I never made a claim though one engine did blow up as a result of a friend 'helping me out' when I was shorthanded- he changed oil on a customer's corporate car and missed the gasket stuck to the block. When I wrapped up at the end of the day I was emptying the oil drain/filter holder and looked at each and every filter before throwing it in the trash. I immediately called the customer's house and left an urgent message about what had happened. By the time the customer received my message he had already spewed all the oil onto the highway.
Somehow, and I never got the exact details, the dealer his company took their fleet of vehicles to for routine service replaced the engine, and I was thanked personally by the customer for being so conscientious. I offered, before I knew what the outcome would be to do whatever was necessary to fix the situation, and would have made a claim to my insurance had it been necessary.
My point here is there are things some of us know about how things actually work in the auto or tractor garage business that aren't general public knowledge. There are no cut and dried rules of how things go in every situation precisely because each situation is usually somewhat unique and specific to the dealer/ tractor/ customer, etc.

And BtB, you may want to believe some of us who are attempting to get you to take off your rose colored glasses and look at this situation as a rational/ logical human who made a mistake, that seems to be costing you a lot of aggravation, would fail a law class. Classes are examples of real life scenarios they are not a court of law with an actual case in front of a jury. Juries are fickle and can decide in whatever direction they choose. That is why most smart lawyers want to keep cases from ever coming to trial.

And please stop tormenting yourself, and us, with your off the wall comparisons to pharmacists- who are licensed professionals, and store clerks. And the gut feeling thing about whether to get on or off the plane- there is one thing for sure, if you have a gut feeling that tells you to get off and you stay on and it crashes, all you are is DEAD! It has NO bearing whatsoever on a possible lawsuit by a family member after the fact.

What we're trying to tell you is YOU made a mistake compounded by not listening to the gut feeling that was probably telling you- 'gee this doesn't look like the right Smitty's stuff I usually use?!:confused:'
BUT YOU WENT AHEAD ANYWAY and now you want someone else to pay for your problem.
You bought the stuff, you thought there might be something wrong with it but went ahead and then sought the store clerk's/manager's, whomever's seal of approval on the wrong product- which you say they gave to you verbally- which if you actually knew anything about law is completely and totally USELESS. Verbal statements by a clerk CANNOT amend a manufacturer's liability or warranty or a slice of pie.

You have NO case, so get it fixed and learn something from it. Good luck and next time pay attention to the little voice- its there for a reason- obviously- look at the outcome from not paying it heed.
 
   / Bad Oil New Tractor #86  
AS far as the same old BS about buying oem oil filters how do you explain a customer of mine brought over a NH LB 620 with NH filter in it the paint was coming off the filter so I got the rest of the paint off and it was a WIX filter!

That would be somthing... since New Holland is typicaly reselling fleetguard filters.

Really, most AG companies are using fleetguard filters. If your go out and price a fleetguard (which we do sell) you'll find that many times they are actaully more expensive than what the OEM is selling.
 
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   / Bad Oil New Tractor #87  
BTB: One thing about it, as you can tell from the post here, you better hope if this actually goes to a jury you better hope no one on the jury has equipment experience or feels like we do.

At any given time I may have a half dozen five gallon buckets in my shop with hydraulic fluid, Rotella T, gear oil, used oil ect... in them. When I grab a bucket that "I know" is the right fluid, if it doesn't look/smell right it doesn't go in. Gear oil, engine oil and hydraulic fluid all have a differnt smell and appearance. I am sure not going to trust a minimum wage parts guys word who can't even give my the right filter 25% of the time:rolleyes:.

And I'll ask this question again, What did the oil from the bucket test out ot be??
 
   / Bad Oil New Tractor #88  
Lot of reading here on this thread so I might have missed it but was the green fluid ever identified as to what it actually was?
 
   / Bad Oil New Tractor #89  
As far as I can Tell the OP Said He Had it Checked & it was OK, No Clue what that Means. Because if it was OK How Could it have Caused any Damage ? :eek:
 
   / Bad Oil New Tractor #90  
I'll be surprised if we ever hear the end of this one...

soundguy
 

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