Hi everyone,
I would like to know if I have a case against Mazda Australia regarding this matter, potentially grounds for a class action.
Situation:
* I am the owner of a 2013 Mazda CX-9 AWD, and have owned for 2 years
* There is a component called the Transfer Case / Power Transfer Unit that takes an input from the Transmission and drives the wheels
* The Transfer Case in this generation (2008-2015, AWD variant) is classed by Mazda as 'non serviceable' and contains what Mazda call 'life time oil'. Servicing of this part does not appear on any official Mazda Maintenance Schedule for this vehicle (Mazda AU website).
* The oil in this unit degrades over time as any part with oil does and needs to have the oil replaced (confirmed by Mazda Service Manager )
* Without replacing the oil at regular intervals the oil breaks down and stops lubricating the internal parts. The internal parts then start to break apart, the oil fills with metal filings, which then break down and destroy the Transfer Case
* As the Transfer Case degrades it will start to degrade the input from the Transmission (splines) to the point where the Transmission is also destroyed
* I took my CX-9 into the Mazda Sunshine Coast service centre due to a strong 'shudder' in the drive train at certain RPMs and they happily quoted me $19,000 to replace the Transmission and Transfer Case. The friendly lady at the counter then went on to recommend I instead sell the vehicle as fast as I could, either to a dealer or privately (ethics!).
* When asked about second hand parts, Mazda happily informed me that they don't recommend them for this issue, as the majority they have seen come through their service centre show signs of the same degradation / destruction. One vehicle they told me about needed 4 separate Transfer Case + Transmissions until they found a second hand part that wasn't degraded / destroyed.
* When asked how to prevent recurrence of this issue post repairs / replacement, Mazda informed me that like any part with oil it needs to be serviced regularly (Mazda Service Manager). When I asked where it appears on the offical Maintenance Schedule (as it does not appear), they refused to answer the question.
* Looking at the various Mazda forums this is a known issue with many owners reporting similar stories for this generation. There are videos posted on how to replace the oil in the Transfer Case to prevent this issue, but it is a non standard procedure, as there is no drainage port to get the oil out. Some mechanics are reported as refusing to do the service, as Mazda does not recommend it. Mazda USA apparently extended the manufacturers warranty on the Transmission and Transfer Case on this generation to 9 years so that owners could get their defective units repaired / replaced.
My deductions / inference:
* Mazda Australia know there is a design defect with the Transfer Case
* Mazda Australia know that without regular servicing, the Transfer Case will eventually prematurely degrade / be destroyed
* Mazda Australia know that this then causes degradation / destruction of the Transmission
* Mazda Australia know that these premature failures are preventable with regular servicing of the Transfer Case. Yes, all engine parts will eventually fail, but a Tranmission and Transfer Case failing after 7.5 years and 145,000Ks is not the expected life time. And widespread failures as reported by Mazda, are not expected for a normal part.
* Mazda Australia have chosen to not update the Maintenance Schedules for this generation / variant to include the required regular servicing of the Transfer Case
* Mazda Australia are consciously preventing owners of these cars to prevent catastrophic failure and repair / replacement costs in the order of $19K
* Mazda Australia know the issue is widespread as they admit the majority of second hand parts show signs of this issue
Question for the forum:
1) How do I go about getting Mazda to pay for rectification of my own vehicle
2) How do we collectively go about get Mazda to remedy the Australian situation, inclusive of e.g. extending the Warranty on these parts as per USA practice, updating the Maintenance Schedule, providing instructions to mechanics on how to service this 'non serviceable' item, paying damages (?) to owners who provide proof they have previously had this issue.
Logic Flaws / Gaps:
A) Mazda will likely say this is 'normal wear and tear'. Rebuttal: Widespread (admitted by Mazda) degradation and destruction of Transfer Cases at 'relatively' low years / KM, which then goes on to destroy entire Transmissions, is not considered normal wear and tear. Also is countered by Mazda USA extending their warranty on these parts to 9 years due to known issues.
B) Mazda will likely say 'the owner did not look after the vehicle properly, e.g. used mis-matched tyres / towed heavy loads, etc.'. Rebuttal: The Owners Manual mentions correct patterns for rotating / replacing tyres, but the only repercussion highlighted is 'reduced traction, steerage, braking, increased wear on tyres'. If complete destruction of the Transfer Case and Transmission is a potential consequence, this needs to be communicated to owners and I would suggest reinforced by every tyre dealer. As my vehicle does not have a tow bar (and would suspect many don't) the excessive towing load can't be used as an argument for a wide spread issue.