Briggs and Stratton Intek 1450

[motoman]

Kurtis, Good luck, but I always thought small claims was for the little guy without a lawyer. Both my cases were with damn fool self and won, but simpler. This forum has to have an effect on these corporations if it nicks their sales and they feel it. motoman

 

[Kurtis D. Davis]

Thanks motoman---I need all the help I can get. Glad to know you were successful in small claims. I hope they will settle up, short of lawyers. I went exactly by the book, and these B&S people are trying to make me a loser. I put a picture of the Intek "finger guard" beside my old unit for comarison (post #26---this thread). However, I still maintain the new engine valves were out of adjustment, or suffered some other problem. But I'll play the cards I'm dealt, and if that's this trickery with the warranty/instruction manual, I hope to see it backfire on B&S like their engine backfired on me!

 

[TheCaffeinatedOne]

In addition to the written warranty issues of which you are already aware, I wanted to alert you that Oklahoma has adopted the Uniform Commercial Code and incorporated it into the state statutes. Article 2 of the UCC governs the sale of goods and outlines certain kinds of warranties that result from the sale of goods. One of these is an implied warranty called the "warranty of merchantability." It operates in your case as an additional warranty theory. The implied warranty of merchantability is that something you buy (such as a new lawnmower engine) will actually work for its rationally intended purpose (making a lawnmower go). That means it will start, run and stop for a reasonable lifespan. Yours did not, and the theory available to you is that the seller sold you goods that failed to meet an acceptable standard under the implied warranty of merchantability. Here's a brief explanation I picked up from a law firm's web page on a google search: Commercial Law: Express and Implied Warranties Under the Uniform Commercial Code . I'm not affiliated with that firm but I agree with its explanation of the UCC.

Here's the actual Oklahoma law:

OSCN Found Document:Implied Warranty: Merchantability; Usage of Trade

Your written warranty may include language disclaiming all implied warranties. That's one reason this is a secondary theory, as a court might or might not place weight on the dealer's (potential) claim that the Briggs warranty makes the UCC disappear. It's also a reason your attorney might want to consider having Briggs AND the seller included as defendants. The written warranty will be unlikely to protect the seller against your claim.

So take a few minutes and talk with an attorney; be able to tell him / her where, when and from whom you purchased the engine. If you bought it online, that may complicate things. On the other hand, your state Attorney General's office may have a consumer protection program that can rattle cages where small claims court might not. Any way you look at it, a short visit to an attorney is a good idea. Mention that the failure from overheating seems to be a repeat issue; the Attorney General's office might have received other complaints. Just some ideas.

 

[Kurtis D. Davis]

Ok The CaffeinatedOne---first let me say it's about 4:30 AM, and I was just in my ordinary routine of caffeinating (morning coffee). I am pleased to further note that my walk behind was ordered from Vermont, many years ago.

So we'll see what review of denying my warranty claim brings forth, and go from there. Meanwhile I will study and contemplate what you have said. I call this process "whetting the edge", based on the work I do. KURTISDDAVIS.com Great American Folk Art

Thank you very much for sharing ideas---I truly appreciate it.

 

[motoman]

Wow, coffee drinking man. That's good stuff which alone could punch out the BS rep for sure. Kurtis may just get lucky and find some free or low cost advice from a lawyer. I was just like most for a long time, believing in the joke about lawyers that "10, 000 lawyers under the sea is a good start," etc. Then I met an honest , helpful lawyer who saved me mucho dinero for a $50 fee. As always we must be careful of stereotypes .

 

[Kurtis D. Davis]

Motoman, I fully agree. Attorneys are just like every other profession---there's good ones and bad ones. We'll see what review of my warranty claim brings forth, and go from there.

B&S manufactures 1000's of engines, and not one of them is ever started and run at the factory. However, each engine contains at least two valves, which must be carefully adjusted to tolerance about the thickness of a sheet of paper---a little too much or too little will make a huge difference in how well the engine runs, and how long it lasts. Manual for Intek 1450 actually expresses requirement that crucial valve adjustment be checked annually---this brings consideration of mechanical means used to maintain adjustment once made(i.e "keepers", "pins", "jam nuts", etc.). These means can also fail during crucial "break in" period. Valve adjustment can easily account for why a small engine runs too hot for a while, and then fails.

However, B&S clearly has deceitful method of totally ignoring crucial engine valve adjustment & maintenance---they trap a fellow in the "didn't clean the fly wheel" nonsense, and guess what? The trap allows B&S to avoid even considering improper valves, delivered from the factory, as cause of overheating. (Improper adjustment and failure of means used to maintain proper adjustment, are only a couple of things that can go wrong with valves---I assure you there are other common problems not herein mentioned.)

There can be no question that an improper adjustment to intake valve caused my engine to backfire, and I hope the B&S "warranty trap" backfires on them the same way. In this regard, TheCaffeinatedOne has mentioned the Oklahoma Attorney General, and I have determined that I can file online complaint with his Office at no cost---but I'll talk to an attorney first.

Thank you for an opportunity to share ideas.


For what it's worth, here's the fine print from the manual regarding what voids the warranty. Notice item 7 (cleaning instructions from manual are included post #19, this thread). (click image for larger view---use back arrow to return) This statement from B&S essentially says to clean the air cooling system as per instructions in the Operator's Manual, but those instructions do not state requirement to clean around the fly wheel, which would of course involve removal of the "finger guard".

 

[Kurtis D. Davis]

Update Briggs & Stratton Warranty Claim Well guys, it's now been about 47 days and the warranty claim is still unresolved. Currently, decision to void the warranty, for failure to clean around the fly wheel, is under review. Meanwhile, I checked my files and found an old B&S engine manual from 2003. Cleaning instructions for the air cooling system are reproduced below:



In the old manual, at least there is some clue that an owner might need to take the engine in so that "partial disassembly" can be made by an authorized service dealer, for purpose of cleaning around the fly wheel. Compare this old manual to current instructions (post 19 this thread). In the current cleaning instructions, there is nothing whatever said about cleaning the fly wheel, or potential need to have an authorized service dealer partially disassemble, so as to clean---NOTHING.

The only thing the current manual has to say about cleaning the fly wheel area is in the warranty fine print---where it is said that if debri clogs the fly wheel area, the warranty can be voided. So if their cleaning instructions are closely followed, the fly wheel will not be cleaned, or taken to a service dealer for that purpose either, and the warranty will be voided, because the instructions were closely followed!!!

This deceitful process allows the manufacturer to avoid even considering that improper valve adjustment, as per an untested new engine, was cause of new engine failure.

Now combine the evidence above with evidence concerning the "finger guard", as per post #26, this thread. An inferior "finger guard" as per the Intek 1450, combined with the deceitful cleaning instructions/warranty, virtually guarantees the owner will suffer engine failure and financial loss.

Good 'ol Briggs and Stratton---sure don't make 'em like they used to.

 

[Kurtis D. Davis]

Update Briggs & Stratton Warranty Claim: Well guys, here's the latest update---NOTHING! After a total of 54 days, there is still no final answer from the Briggs & Stratton authorized service dealer; review of decision to void warranty has been ongoing since July 10.

My next update will occur about the second week of August.

My sincere thanks for help, aid, and support. It is still my thought the Intek 1450 failed after 10-12 hrs because extra heat during the break in combined with extra heat from improper intake valve adjustment---thus the engine overheated and ruined. "Warranty trap" of blaming a clogged fly wheel enables Briggs & Stratton to avoid even considering the true cause of failure.

 

[Kurtis D. Davis]

Update Briggs & Stratton Warranty Claim: Well folks, after a time of about 76 days, there is still no final decision as to whether or not my warranty will be honored or voided. A request for help regarding the warranty issue was made to a factory representative on Friday, August 2, 2013, who fully agreed that time elapsed was (is) ridiculous---the man said "give me a few days to get things settled", and that was 10 days ago. Could be final word will be soon forthcoming---I'll try to keep you posted on how things turn out.

Once again, thanks to Lawn World and other individuals for help, aid, and support, made possible by this forum.

 

[Kurtis D. Davis]

Update Briggs & Stratton Warranty Claim: Well folks, after a time of about 76 days, there is still no final decision as to whether or not my warranty will be honored or voided. A request for help regarding the warranty issue was made to a factory representative on Friday, August 2, 2013, who fully agreed that time elapsed was (is) ridiculous---the man said "give me a few days to get things settled", and that was 10 days ago. Could be final word will be soon forthcoming---I'll try to keep you posted on how things turn out.

Once again, thanks to Lawn World and other individuals for help, aid, and support, made possible by this forum.