dudefish
Well-Known Member
- Joined
- April 27, 2014
- Messages
- 113
- Reaction score
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- City, State
- Smoke Rise, Alabama
- Year, Model & Trim Level
- 2013 Explorer Limited AWD
Court filings have been made in the Florida litigation disclosing the terms of the proposed settlement. If someone can tell me how to post a PDF file, I'll post the whole thing (124 pages). Here is the thumbnail sketch:
"» Ford will advise class members, through the class notice, of new available
repairs for those with exhaust odor concerns, available for free on vehicles
still under warranty. These repairs are described in a TSB -- Ford’s third, and
will be applied in two parts. Part one involves sealing actions and part
replacement, including HVAC recalibration, which tracks the fixes set forth in
TSBs 12-12-4 and 14-0130, and also involves additional sealing efforts. Part
two, available in certain vehicles if the initial repairs do not address the
concern, involves replacing the exhaust tips and muffler assembly, which will
redirect exhaust gases.
» All Explorer owners and lessees who are within their 3 year/36,000 mile
warranty will thus be expressly put on notice of the exhaust issue. For those
who have such issues, they will be eligible for warranty repairs at no cost.
» In addition, those Explorer owners/lessees who received a warranty repair
or for whom a Ford dealer diagnosed an exhaust odor problem but didn’t
repair while under warranty will be entitled to up to $125 reimbursement
for a TSB repair work performed at the later of 4 years/48,000 miles
(whichever comes first) or 60 days after the effective date of the settlement.
Thus, the settlement provides a subsidized repair for those owners/lessees
who are currently outside their warranty time limits.
» This same group – those who received warranty repair or for whom a Ford
dealer diagnosed an exhaust odor problem but didn’t repair while under
warranty and who are now outside warranty – will be entitled to up to $500
in reimbursement for a second TSB repair involving exhaust system
replacement, a more expensive repair, if the first TSB doesn’t work.
» Deadlines may be extended by as much as 60 days if the TSB repair parts are
unavailable.
» Those 2011-2015 Explorer owners or lessees who didn’t receive warranty
repair or exhaust odor diagnosis during their warranty coverage period will
be entitled to up to $125 to reimburse them for the cost of a TSB repair. The
TSB may be performed up to the later of 60 days after the expiration of their
warranty or the effective date of the settlement.
» For those owners/lessees who received a warranty repair and remain
dissatisfied with their vehicles’ repair after at least two attempts to perform
the most currently available repair the settlement includes a stream-lined
appeal process to the Better Business Bureau, which is the appeal board
referenced in Ford’s warranty. This appeal will be done at no cost to the
owners/lessees, and Ford – as part of the settlement – will waive the
following defenses: (a) that the statute of limitations has run; and (b) that the
warranty doesn’t cover design defects (which is the defense Ford
successfully invoked in the Cassidy BBB arbitration)."