Attention Canadian Flexible Service Vehicle Owners! - PeachParts Mercedes-Benz Forum

need2speed · #1 11-27-2002, 10:40 AM

I recently contacted M-B Canada to ask for their position on the class-action lawsuit brought by American owners of M-B vehicles with Flexible Service System (FSS).

In short, MBUSA is negotiating a settlement of the class-action suit that would involve extending the warranty, at no charge, for FSS-equipped vehicles.

Here is MBCanada's response:

We are writing to respond to your inquiry about the class action settlement
reported on the Jacobsenlaw-pa website..

Mercedes-Benz Canada had no involvement in and no connection to either the
lawsuit or the settlement. They are a product of circumstances that are
unique to the US and their effect is confined to that jurisdiction.

We can assure you the Mercedes-Benz has always designed, engineered and
manufactured vehicles that embody the very best in quality, durability,
reliability, longevity and safety. This is supported by a comprehensive
manufacturer's warranty of 4 years or 80,000 kms, whichever comes first.
In addition to the basic coverage, your vehicle is warranted by
Mercedes-Benz Canada for 5 years or 120,000 kms on major components.

Beyond this, if you have any concerns about the performance of your
vehicle, depending on the issue, as long as your vehicle has been properly
maintained by an authorized dealer, we can assure you that we will provide
reasonable assistance whenever possible even after the warranty has
expired.

Yours Very Truly,
Siegfried Zeller
Manager, Warranty and
Technical Literature
Mercedes-Benz Canada Inc.

I've followed up this reply with another message:

Thank-you for your reply expressing the official M-B Canada position on this issue.

Unfortunately, I cannot agree with your assertion that the circumstances of the lawsuit are not also applicable in Canada, unless you are only referring to the legal circumstances in the US that make class or representative action easier.

The fact is that my local M-B service centre has done the following due to concerns over FSS vehicles:
1. recommended a change from conventional to synthetic motor oils for FSS vehicles,
2. recommended oil changes more frequently than indicated by the FSS system.

I appreciate your indication that M-B Canada will consider reasonable assistance after warranties expire, however, that is discretionary and very often involves partial costs to the owner, as extensively discussed in the American lawsuit.

My '99 ML320 follows the profile of problem vehicles, having followed the FSS-recommended oil change intervals (at 17,000 km for the first change) using conventional oils until I specified a switch to synthetics one year ago. I have since had to add two litres of oil between FSS-recommended changes, which is considered "normal" by the service centre but alarming based on my experience with other manufacturer's vehicles.

The service manager suggested I could purchase the extended warranty for peace of mind. The cost of "peace of mind" will be $2600, including inspection fees.

As a member of the local MBCA chapter as well as two M-B internet forums, I can assure you this issue is receiving a great deal of attention by other owners in Canada. At this time, I am not recommending that friends or acquaintances purchase FSS-equipped vehicles until M-B offers extended warranty coverage at no additional cost.

Regards,
Dean Albrecht

I'd like to suggest that other Canadian owners of FSS-equipped vehicles have their engines inspected for oil sludge and express their concerns regarding warranty coverage to MBCanada by contacting 'bulkowskin@mercedes-benz.ca'.

Let us know what you hear back