What do you guys think?

[martyo]

I have a client who owns a machine shop.

He fabricates many parts using a high speed milling machine. My client found that by fiddling (bypassing) with the electronic control mechanism, he could increase his through put (the speed at which the machine turns out parts) by almost twenty (20%) percent!

He has been running the machine this way for the past six (6) months with good results until last Thursday afternoon when the main electric motor went up in a cloud of smoke. The electric motor is now toast.

The electric motor will cost approximately $50,000.00 to replace and represents about twenty-five (25%) pecent of the cost of the entire milling machine.

The manufacturer (who shall remain nameless here) refuses to pay for the new motor and advises me that because my client defeated the electronic control mechanism he has voided his warranty.

My client wants me to bring an action (sue) the manufacturer for the cost of his damaged machine, making a claim under the three (3) year warranty that accompanied the machine when purchased (it was purchased new one year ago).

What do you all think I should do?

[2003 MIB]

To paraphrase Gump- I'm not a smart man but I know what right is. You mod the machine- it fails as a result of the mod- you pay.

This seems like something better settled with mediation. Does NY do that? Hiring a lawyer right out of the gate may polarize the situation.

My .02


Oh, then I'd have Logan delete this thread...A lawyer friend once told me that things in writing can come back to haunt you.;)

[TAF]

Take the case...'cause...don't you get paid either way? :P

[MMM2003]

Well,

If I understand this correctly, the owner bypassed or overwrote the manufacturer's eletric motor control settings. Maybe he increased the Hz to the Drive to increase spindle speed, or upped the AMP to get more torque.

Either way, he didn't do anything different, from what has been discussed here many times. You mod the engine and the muffler falls off, that's covered under warranty. You mod the engine and the she blows, you pay out of your own pocket.

In your case, I would expect the mfr. to react as they did. I do agree with 2003 MIB, that there might be a better solution, than going to court. After all, your client is their customer and they should be able to help him out, if they want to sell him another machine at some point.

I had similar experiences, when I managed a machine shop. The mfr. usually sold us the motors at their cost, but we paid full rate to have them installed.
The motors for our CNC's usually cost retail $2k-3k.

Good luck!

Peter aka MMM2003

[2003 MIB]

Take the case...'cause...don't you get paid either way? :P
:nono: We know you better than that, Todd...You're cover was blown a long time ago. I think the real advice you'd give is:

"You know Marty, in 30 years when you've retired will you look back and say you made a lot of money or that you helped a lot of people? People get paid a lot of money to do bad things sometimes (Michael Bolton still records music). Do the right thing.":up:

[merc406]

IMOO, he screwed himself, end of story, hope he's got an extra 50grand layin around, I don't feel sorry for him, greed got to him. :down:

[Marauderman]

All of you are missing the point......Martyo is just making a running pun against what we all have been discussing here for the past several years--........."mod the car-will that void the warranty........".......he's making a pun on it cause this has coome up in his work almost identically.......he really doesn't need our advice.........don't ya'll get it..........duh........:lol: ... Tom

[merc406]

All of you are missing the point......Martyo is just making a running pun against what we all have been discussing here for the past several years--........."mod the car-will that void the warranty........".......he's making a pun on it cause this has coome up in his work almost identically.......he really doesn't need our advice.........don't ya'll get it..........duh........:lol: ... Tom



Oh, well that be the Case, my responce is---OMG NOT another WARRANTY THREAD!!! :uzi: :flamer: :bigcry: :bigcry: :eek: :eek: :shot:

[MM03MOK]

All of you are missing the point......Martyo is just making a running pun against what we all have been discussing here for the past several years--........."mod the car-will that void the warranty........".......he's making a pun on it cause this has coome up in his work almost identically.......he really doesn't need our advice.........don't ya'll get it..........duh........:lol: ... TomYou beat me to it, Tom!! Though I did calculate out the profitability benefit of increasing the through-put by 20% (which doesn't necessarily mean a 20% increase in production). He didn't make an extra $50K in 6 months by tinkering with it - so he loses.

[Haggis]

Marty, did you blow up your car already? :eek: :nono: :bigcry:

[BillyGman]

The owner of the said machine shop should cover the costs himself unless he dealt w/a dealer who acted as a middleman and who sold him the machine, and who also told him that he will still honor the manufacture's warantee even if the machine shop owner modifies it. In that case, the machine shop owner shouldn't even need your services Marty, and should've simply went back to the dealer w/his "machine" for warantee work to be done to it, just as the manager at the machine dealer told him would be the case should any warantee work be required.

However, if it came down to the dealer's refusal to keep their word, then unfortunately the machine shop owner should NOT bring the manufacture to court at all, even if he thinks you're a great Attorney, and you can win the case. Unfortunately, the delaer outright lied to him about this matter, and he will have to suffer the consequences for listening to his dealer, and for thinking that his dealer was honest, and ethically upright.

However, all of this only applies, if the destruction of the said "machine" was obviouslt w/out a shadow of doubt due to the modification that was performed to the said "machine". If the machanical failure wasn't obviously due to the modification in question, and infact the same malfunction had occured to that same model "machine" in the machine shops elsewhere, then your client has a case, and should bring the manufacture to court if he thinks he can win. if not, then it's wothless effort in court, even though the manufacture is negligent, and looking to use the machine shop owner's interest in high performance machining, to evade their responsibility to him as their customer.

[dwasson]

I think that the manufacturer is right here. I hope that I can feel the same if I modify my MM and it blows up. It's easier to be honest when it doesn't cost me anything.

[Tallboy]

machine shop guy pays the bill.

[martyo]

I think that the manufacturer is right here. I hope that I can feel the same if I modify my MM and it blows up. It's easier to be honest when it doesn't cost me anything.

Correct Answer! Please come again next Tuesday when we discuss the pros and cons of synthetic oil.

[martyo]

All of you are missing the point......Martyo is just making a running pun against what we all have been discussing here for the past several years--........."mod the car-will that void the warranty........".......he's making a pun on it cause this has coome up in his work almost identically.......he really doesn't need our advice.........don't ya'll get it..........duh........:lol: ... Tom

Tom: You figured this out faster than the rest of the class and you can't figure out a way to get some good BBQ my way???? :D