Transmission Trouble

I want to post a primer for the groups review. Here are the Cliff Notes:
1. Bought a 95 E320 wagon for the wife in November. 2. Tranny went south about 6 weeks after purchase. No reverse means B3
pack is shot. Car had 150k, so the trans did it's job (even though the one in my car went 300k). 3. Ordered replacement from a shop (remaining nameless for now) that I've done business with before. I used them to supply a transmission for my car about 16 months ago. On my car, ordered the transmission, worked with them on the install (did it in my driveway) and had no issues. Car is still shifting fine. 4. On the wife's car: I followed the flush instructions as well as all other info provided by the shop and the install went fine and car shifted great until last week (roughly 2 weeks after the install). It stopped shifting above 2nd gear. Diagnosis is bad or clogged valve body.
The issue now is that the shop will charge me for a new valve body if there is contamination in the old one (despite following their directions in flushing the cooler).
I think they should replace it under warranty and extend the warranty beyond the 12 months (they offer a longer warranty for an additional charge).
I'm open to everyone's thoughts at this point. If they take care of the issue, I won't post the shop's name. If they don't, I think you guys should know where not to buy your next transmission (God bless you if you have to buy one at all).
Please post follow-up with your thoughts.
Thanks, Todd
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Too many cooks in this picture to establish responsibility, not blame, for the problem, IMHO.
The shop probably "bought" the remanufactured transmission from a commercial rebuilder and essentially handed it over to you.
You installed it in good faith and followed their instructions to flush the cooling lines.
After two weeks use it won't shift.
Who's responsible?
IMHO the answer will be unknown until the problem is fixed (and may always remain so).
Dirt in the valve body will point the finger at you. A broken part in the box will point the finger at the rebuilder. Notice that no finger is pointing at the shop that sold you this box for your DIY project.
The dispute would be between them and the rebuilder if the shop had installed the now crippled box; it now appears to be between you and them, but them only as the rebuilder's sales agent.
The rebuilder probably offers a warranty on the box, most likely with a condition or two about its installation. That's going to be the governing language as to who pays - you or the rebuilder. The shop is only a conduit in this situation so you can't hold them responsible. You need the shop's help to deal with the rebuilder so don't get into a dispute with them; they're your reluctant friends here. I say reluctant because they deal with the rebuilder a lot more than they deal with you - so where's their loyalty going to be??
In this instance the repair shop is nothing more than a retailer.
Not what you wanted to read but you asked for opinions; that's mine.
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TG's analysis is the same as what I've seen happen in this exact situtation before. IF a judge were to decide he could decide anything, but the shop did not screw up in what they were paid to do and are not liable.
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T.G. Lambach has pretty well set out your present position. When you do a job yourself, no one else is responsible if something goes wrong.
Your only hope is to keep the local shop on your side and support you as being a "nice" customer they want to keep, so that the rebuilder will stand behind the transmission and want to help you both out.
You saved the labor to remove and reinstall the transmission. You also saved a shop's markup to cover their risk of having to R&R a defective part that fails. Guess who gets to eat the second R&R.
You are going to have to remove the transmission, deliver it to the local shop or ship it direct to the rebuilder. If there is something wrong inside that was the rebuilder's fault (and they will admit it) they should repair it and ship it back to you or the local shop at their expense. If the fault is foreign matter that would not have contaminated the transmission during their normal rebuilding program (ie during your handling or installation) then they may offer to repair it for just the wholesale parts cost since it failed so shortly after installation . . . if you and the local shop are nice to them about the whole matter.
A lawsuit with an expert witness to testify would cost at least twice the cost of another transmission . . . and take months. Even small claims will take a lot of your time. You will probably lose with the facts you set forth, especially since the transmission did work originally after installation. You will need an expert to examine the source of failure . . . a task that requires disassembly with all parties present to observe and will be the same work as just paying someone to rebuild the thing and get you on with your life.
Good Luck.
California Lawyer
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Sorry for the confusion. Only one sales party involved. The shop is the rebuilder.
Thanks for the opinions,
Todd
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Don't get me wrong, I'm not looking to sue anyone over the issue. My frustration is based on the rebuilders attitude in this situation. I followed the directions given by the rebuilder in flushing the system. If that's the case, I want nothing but a working transmission. The valve body is on it's way back with a replacement on it's way to me. I have to take the shops word on whats wrong with it and whether or not it will cost me more money to have a working trans. I still hopeful that they have some sense of customer service about the issue. Sometimes it's not what you say, it's how you say it. Thanks for a place to vent. Car trouble stinks.....
Thanks again, Todd
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