After almost a year of arguing with the Mercedes Benz HK Ltd (MB), they finally agreed to shoulder their worldwide recall responsibility to replace the defective front axle joints of my “water goods” Fortwo without a charge. However, they said once they found it necessary to dismantle or reinstall any modified items of my car, they would stop the replacement work and seek clarification from the factory. Besides, they would not be responsible to any loss or damages that may occur as a result of their replacement works.
From many members’ past experience, we all know Zung Fu’s (ZF) poor service standard and quality. I don’t trust that they will let my Fortwo coming out “healthily and easily”. I therefore asked MB to send the new front axle joints to me. I prefer arranging the replacement myself though I need to incur expenses. MB agreed and asked me to sign a waiver to waive all the recall responsibility of MB, MB’s subsidiaries, Smart HK, the Factory, etc. I signed and returned the waiver to MB. About three weeks later, they didn’t keep their promise and refused to send the parts to me. Last week, MB threatened me that they would give my information to the Transport Department of the Government if I don’t agree to their request by 16.8.2006.
Since the registration numbers of some “water goods” Fortwo are open in this forum, I am afraid MB may take action on your Fortwo as well. On the other hand, as MB has once agreed to do the replacement work on my Fortwo free of charge, you may consider asking them to do the same to your Fortwo as well. You may contact Ms Tina Cheong, the Assistant Manager for Customer Relations of MB at Tel.: 2594 8800 or Fax 2594 8779. Her office address is: 59/F Central Plaza, 18 Harbour Road, Wanchai, HK.
All my above contacts with MB in the past year are in writing (i.e. letters). The sequence of the case is summarized below for your reference:
End May 2005 The news of worldwide recall of Fortwo was posted on our forum.
June – Sept 2005 As kindly notified by Mario, I made some phone calls to MB and Smart HK Service Centre (Mr Joe Li) to enquire about the recall. I also sent an email to the Official Website of Smart in Germany.
Sept/Oct 2005 As requested by Mr Li, I told him in around Sept 2005 my Fortwo’s chassis no. and registration no.. He said he would clarify with MB and the Factory. Mr Li never called me back afterwards.
Nov/Dec 2005 After further chasing, Mr Li asked me to give the same information to him again and arranged to check my Fortwo on 14.12.2005. He said he would give the result to MB and the Factory.
11.1.2006 I received a letter from Smart HK attaching MB’s letter dated 28.12.2005. In MB’s letter, Ms Tina Cheong said that they needed to clarify the issue with the Factory because the Fortwo concerned (my one and others) were converted from left- to right-hand-drive. She said she would revert back to Smart HK soon.
27.2.2006 One and a half month later, I chased MB on whether they would replace the defective parts free of charge.
14.3.2006 MB replied that they were still clarifying with the German side because my Fortwo had been converted from left- to right-hand-drive. She asked me not to drive my car because the front axle may be defective and said she would reply me as soon as possible.
3.5.2006 Another one and a half month, I chased MB again about the progress and asked them to give a reply to me before 12.5.2006. I told them that no matter what conversion my Fortwo have made, the defective parts were their substandard products. They had the full responsibility to replace them free.
11.5.2006 MB asked me to send my Fortwo to Smart HK for another inspection (i.e. 6 months after the first inspection) so that they could know the condition of my Fortwo.
16.5.2006 I told MB that my Fortwo was inspected 6 months ago and Mr Joe Li said he had already given the information to MB. Besides, if they thought my car was unsafe, they should replace the defective parts as soon as possible before any problem surfaced.
17.5.2006 I sent an email to the official Website of Smart of Germany asking for clarification.
26.5.2006 Ms Tina Cheong said my email was referred to her for a reply. She said they now agreed to perform the recall works on my Fortwo. However, she said once they found it necessary to dismantle or reinstall any modified items/parts of my car, they would stop the replacement work and seek clarification from the factory. Besides, they would not be responsible to any loss or damages that may occur as a result of their replacement works. She also said even after the replacement, the Factory, its subsidiaries, and Smart HK would not guarantee the safety of my Fortwo because it had been modified.
1.6.2006 I replied that I had lost faith with her company, the Factory and its subsidiaries after the prolonged dealing with them in the past half years. To save both their and my time, I asked MB to send the replacement parts to me for my own arrangement of replacement work. Who knows whether MB will keep my Fortwo for how long. Besides, ZF’s service quality and standard have been too excellent for me to keep my Fortwo at their side and agreeing they will not be responsible for any loss or damage due to their replacement work.
13.6.2006 MB agreed and asked me to collect the parts from Smart HK. Most importantly, she said my collection of the parts should waive MB, the Factory, its subsidiaries, and……….’s responsibility on my Fortwo and they would no longer be responsible to all the possible loss, damage, incurred or to be incurred, directly or indirectly………….including but not limited to any issues relating to the defective parts.
15.6.2006 Since my working hours clashes with Smart HK’s business hour, I asked MB to mail the parts to me before 22.6.2006.
15.6.2006 On the same day, MB replied that they would post the parts to me by registered post or by courier once I sign and return an attached waiver form, waiving all their responsibilities (again, a very long long sentence.) I signed and faxed on the same day.
19.6.2006 MB said they need the original waiver form. I therefore mailed it the next day.
27.6.2006 MB asked me to reconsider performing the recall work at Smart HK.
29.6.2006 I asked MB to just courier the parts to me before 5pm of 30.6.2006.
30.6.2006 MB said they could not meet my deadline and would mail them out as soon as possible.
7.7.2006 MB suddenly refused to keep their promise and insisted me to perform the replacement at Smart HK. Otherwise, they would tell the Transport Department of the information of my Fortwo because it was unsafe to drive.
10.7.2006 I replied that their denial of our agreement and my signed waiver was a breath of contract law in HK. Besides, I had already engaged a vehicle service centre to service my Fortwo. Their sudden denial was totally unacceptable.
14.7.2006 MB insisted and offered to send their technician to my vehicle service centre to help.
27.7.2006 I replied that my vehicle service centre would consider their offer if MB would responsible for the additional cost of the service centre, e.g. party liability insurance, during the their technician’s stay.
2.8.2006 MB refused and threatened that if I didn’t agree to them by 16.8.2006, they would notify the Transport Department of the matter.
Could members please give your opinion on what should I do next.
:36_5_2: 作者: Day 時間: 2006-8-8 01:28:07 標題: 球接頭回收大真相
到尖東來個"大砸會"杯!作者: mario 時間: 2006-8-26 21:43:23 標題: 球接頭回收大真相
我又收到信了
Regarding the Front Axle Joint recall("Recall")forthe above-mentioned
vehicle, we have been in contact with the manufacturer over this matter
and we are pleased to inform you that we have received clarification from
the manufacturer regarding the Recall for the vehicle as follows:
Based on the analysis or the vehicle's information, tie has been confirmed
that it may be possible to perform the Recall works without dismantling
and/or reinstalling any modified items/parts of the vehicle both prior to
and after the remedial works. Accordingly, we would like to invite you
to bring in the vehicle to the smart-hontkong service centre for the
performance of the Recall.
Give that the vehicle has been substantially modified and/or altered by
an unauthorized service centre, it may still become necessary to
dismantle and/or reinstall modified items/parts into your vehicle during
the performance of the Recall works. In such and event, we shall have to
suspend the recall works and seek further clarification from the
manufacturer. We (including but not limited to the manufacturer and its
subsidiaries), however, shall not be held responsible for any loss or
damages that may be incurred as a result of this.
We reiterate htat due to the unauthorixed modifications and alterations
to the vehicle, neither the manufacturer, its sublidiaries, nor our
company can ensure the integrity, safety, or the roadworthiness of the
vehicle. Any further operation of the vehicle is at your own risk. The
completion of the Recall works do not derogate from the above risks.
We thank you again for your patience and understanding in the matter.
Please feel free to contact us if you have any further comments and/or
queries and to make and appointment with smart-hont service centre
at 3412xxxxfor the performance of the Recall works.
10_174: