To sue or not to sue!

WillyBWright

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Re: To sue or not to sue!

Just so we're all on the same page, we need some very specific information. Right now I'm not sure any two of us are even reading from the same book.<br /><br />Now we know you have a 225 Ocean Pro. That should've been in your very first post. We know that you took it to mechanic #1 to have the carbs looked at, but why? What specifically were your symptoms? What specifically did he do? Did you specifically say "check the carbs" or did you tell him what the problem was? Personally I find it very hard to believe that a crank bearing would fail from running lean. A piston should've stuck long before any crank bearing gave out. We're all trying to figure this out on very limited information.<br /><br />How could a hose to a carb restrict when the fuel pump is making pressure inside of it? I could see a hose collapsing on the vacuum side of the pump, but it makes no sense for that to happen on the pressure side of it. A carb will not cause vacuum on a fuel hose. We need a lot more information so we can give you informed advice. I hear your frustration with mechanic #1, but exactly what did you ask him to do with your motor and did he do that?<br /><br />One of the biggest problems I have with new service writers is that the inexperienced ones will write something like "general checkover" or "won't start". Those don't tell me a dang thing! Exactly what do you want checked? Do you want me to see if the paint looks good or do you want me to completely disassemble it and check every single part for wear? Does the motor make any sound when you turn the key, or does it crankity crankity crank but will not run? It is the service writer's job to get specific information from the customer, and it it the customer's job to provide it. But prediagnosing problems is not going to get the problem fixed in most situations. We need to know what is happening or not happening.<br /><br />Something that happens a lot is for customers to make their own diagnosis and get very specific about exactly what they want done. "Go over my carburetors." Fine, I'll do that. But if your motor is bogging on acceleration, rebuilding the carbs isn't going to do you a bit of good if one of the sparkplugs isn't firing. That's when i have the service manager call the customer and ask him "Do you want me to rebuild the carbs, or do you want me to fix the problem?"<br /><br />As far as mechanic #2 bashing mechanic #1, that's the Universal Law of Competition and Survival. ;) Shop X is bad according to Dealer Y who says Shade Tree Mechanic Z is incompetent. Let us put our heads together and sort things out. There's a lot of good talent around here. Just keep in mind we don't have your broken parts in front of us to look at.<br /><br />So let's start from scratch. Information, information, information! Maybe you can start another thread and JB can lock this one out. Sounds like a good idea to me. Title it "Did my Mechanic Blow Up my Ocean Pro 225?" or something like that. Just a suggestion.
 

seahorse5

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Re: To sue or not to sue!

Here we are having a "trial" with only one side of the evidence being presented. WillyBWrignt makes a lot of good points, we gotta keep things in perspective. Let me ask some questions amd maybe play devil's advocate:<br /><br />What did the work order say to do at shop #1?<br /><br />What parts were installed?<br /><br />How many hours of labor and what exactly was done by the shop?<br /><br />If the top crank bearing failed, did anyone check the oil recirculation line from the lower bearing to the upper, and its check valve to see if oil was being delivered to the top bearing?<br /><br />I believe that #2 intake manifold provides vacuum to lift oil from the bottom main bearing to the upper main bearing. Were any passageways clogged?<br /><br />If the motor lost the top crankshaft bearing, since it was a 1996, that motor had problems with the upper bearing bolts coming loose. There was a service bulletin and a recall mailed to all registered owners about that problem for a certain number of 1996 engines. The improved bolts were gold colored. Sometimes when the bolts loosened the housing, the vibrating parts hammered the the vacuum passage closed and the top bearing failed, causing crankcase damage, as well as crankshaft and bearing problems.<br /><br />Did the bolts come loose and the bearing housing turn in crankcase, or did the bearing just seize and damage the crankshaft? If the bolts loosened, the vacuum from #2 cylinder would not be strong enough to "lift" the oil from the bottom of the motor due to air leakage thru the loose bearing housing.<br /><br />Running lean on a cylinder would not affect a main bearing, like WillyB mentioned earlier, but would cause piston damage from excessive heat and less lubricant. Was #2 piston or cylinder damaged where it could not provide the needed vacuum to lube the top bearing? Was there any signs of water in #2 piston which could be from a leaking bottom cranshaft seal, that would be "lifted" to the top bearing causing damage, then migrating to the #2 intake manifold and on into the #2 cylinder?
 
D

DJ

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Re: To sue or not to sue!

WillyBWright,<br /><br />Excellent post. Very well stated. :)
 

Solittle

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Re: To sue or not to sue!

Folks this situation is exactly what small claims court is about and you don't need a lawayer to do it. Here in Florida the limit is $5,000.00. A judge will hear the complaint, review the evidence and render a judgement. The thoughts come to mind here are did willxuout2 act in a "reasonable" manner and was his property (the motor) damaged as a result of the negligence of the "qualified mechanic?" Pretty convincing case seems to me.<br /><br />A "qualified" mechanic employed by a dealer or repair shop should (in my mind at least) be held to a higher standard of performance than work done by a driveway mechanic. <br /><br />Judgement for the plaintiff says I - Now go collect.
 

Forktail

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Feb 11, 2002
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Re: To sue or not to sue!

If you read back there's plenty of information given to take a common sense approach. Many of the details you guys want are irrelevant. It really doesn't matter what kind of outboard this was, or what other excuses you can make up that could've caused the failure.<br /><br />This guy brought his outboard to a shop, saying he had a carb problem. The shop removes and inspects the carbs, but overlook the fuel lines, which later cause the outboard to fail. Without knowing about Shop #1, Shop #2 verifies the missed fuel lines were the cause of the seizure. They do have the engine in front of them. So the owner is out a new power head, a situation which could've been avoided by properly diagnosing the problem in the first place.<br /><br />Shop #1 screwed up and they are responsible. It was an easy diagnosis and they blew it...literally. Obviously they didn't care, and don't care, as evidenced by the way they treated this guy. <br /><br />"The VRO failed"?? "That engine isn't worth rebuilding"?? "So, what do you want from me"??<br /><br />"Add more oil"?? Give me a break!<br /><br />Heck the customer even pointed them in the right direction...carbs! And here you even have a customer willing to pay for the power head if the shop will make it right by providing the labor!<br /><br />BTW, a lean condition can cause piston/cylinder failure, which can easily take out a crank, case, and bearings.<br /><br />The only questioning here seems to be coming from service techs. :confused:
 

seahorse5

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Re: To sue or not to sue!

The questions are being asked since no one has the full story yet, plus there was a recall about upper bearing failures due to loosening and the breaking off of bolts on the 1996 engines. <br /><br />
The only questioning here seems to be coming from service techs.
I guess that the techs here are the only ones who know that the top crank bearing is not lubricated by an upper carburetor.
 

ebbtide176

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Jan 22, 2002
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Re: To sue or not to sue!

i can understand all sides here, and i am not an OB wrench. it seems that this whole deal boils down to the details. good luck. if this particular dealer gave lame excuses, then that means a hellova lot. <br /><br />and the real wrenches here give good examples of how customers can get the whole thing wrong also. i'm a 3rd party here, so i just wanted to let you ALL know everything falls inline as to your explanations.
 

WillyBWright

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Re: To sue or not to sue!

Okay, let me throw some gas on the campfire...<br /><br />Mr. Boater brings his boat to Mr. Mechanic. The motor has no prop on it. Mr. Boater wants a Stainless Steel prop. Mr. Mechanic puts one on. Mr. Boater takes his boat to the lake and in less than ten minutes the boat stops dead in it's tracks. Mr. Boater takes the boat to Mr. Wrench. Mr. Wrench takes the gearcase apart and finds the gears are tore-up. Mr. Wrench tells Mr. Boater that he has heard of Mr. Mechanic's bad reputation for not using the right brand of gearlube when he works on boats. So now Mr. Boater wants to take Mr. Mechanic to court for screwing-up his gearcase.<br /><br />Mr. Boater hires a lawyer, Mr. Mechanic hires a lawyer. Mr. Judge laughs the case out of court because it turns out that Mr. Boater hit a rock with his old propeller and hairline-fractured a tooth on the pinion gear. The skeg was untouched and the propshaft had a minimal bend invisible to the naked eye. But the INTERNAL damage was there nonetheless.<br /><br />According to some of you, Mr. Mechanic should pay for Mr. Boater's rebuilt gearcase because Mr. Mechanic should be held to a "higher standard". BALDERDASH!!! How could anybody with sense expect Mr. Mechanic to have the slightest idea that Mr. Boater needed a new prop because he trashed the old one on a rock? Information, information, information. We don't have it yet. We're stumbling over each other with pictures we all have in our own heads and no two pictures are the same. To top it all off, we're taking everyone elses pictures and basing our own on tidbits from those.<br /><br />Go back, ignore all the rest of the posts. Wipe your pictures clean and read Willxuout2's posts. There isn't enough information! I don't see the word "clairvoyant" on any of my certificates. I doubt it's on any post-graduate school's sheepskin either.<br /><br />I've seen hundreds if not thousands of blown powerheads. The ones that failed from lack of lubrication or lean-burning had the pistons fail. Never Ever Ever have I seen a bearing fail before a piston from those. The only explanation that makes any sense so far has to do with that recall. I think Seahorse has it nailed!
 

Walt T

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Re: To sue or not to sue!

Like I said, Try, See what happens. It's pretty much a crapshoot. So much depends on who the lawyers are, who the judge is and what kind of mood he/she is in. It's likely a call or letter from an attorney will get the shops attention and get a settlement before it goes in front of a judge. The shop doesnt want to pay a lawyer or take the time to defend itself. The law is rarely about justice. You could try small claims yourself, but then you have to enforce the judgement which can cost you more money and more time. <br />All mechanics screw up and sometimes their mistakes are bad. What separates the good ones from the bad ones is how they take care of their mistakes. <br />I've screwed up badly and was sure the customer would never come back, but I took care of them and they still come back.<br />If that were my shop I would have offered to overhaul it no charge for labor and you pay parts.<br />If you didnt like that I'd offer parts at my cost.<br />Sometimes I cant make a customer happy and they go away angry. I've never been sued though.<br />I have found that if a customer thinks I did something wrong or missed something, it is better to eat a simple fix and guarantee his return business than to argue about something dumb. <br />You should have been treated better by the first shop. You wont get the cost of the overhaul out of them, in my opinion. <br />I would register a complaint with the BBB and any consumer organizations, and make sure every boater I know knows to stay away from them. Then I'd forget about it. It's only money and wouldnt you rather be boating?
 

willxuout2

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Nov 19, 2003
Messages
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Re: To sue or not to sue!

Seahorse,<br /><br />I have a question for you. Are there any other powerheads that were usable on the 96 225hp OB from other years? Then reason I ask is that when I ordered the reman ph with the model no. the powerhead that came was different from the one that seized up. The guy I bought the motor from said that it had a reman ph installed and had about 40 hours on it. The mech #2 had to order a different fuel line kit from OMC to work with the ph I just bought. Make sense?<br /><br />If I get some time today I'll start a new thread and try to give you guys the info your needing.<br /><br />Willy and Seahorse make some good points.<br /><br />Thanks
 

willxuout2

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Nov 19, 2003
Messages
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Re: To sue or not to sue!

Oh! BTW, Model E225TXED 1996 Evinrude Ocean Pro 225hp V6 Looper carbed
 

bob58

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Sep 27, 2003
Messages
114
Re: To sue or not to sue!

John was driving his car and noticed something was wrong with his brakes.<br />He pulls into a Brake repair shop and they look at the brakes and tell John that he just needed more fluid in his master cylinder.<br />John drives out and loads the car with his family and heads to his inlaws for the weekend with peace of mind that his brakes are functioning well.<br />3 hours into the trip a car stops abruptly and Johns brakes fail. his wife and one child are killed.<br />NOT THE SHOPS FAULT???????<br />Judgement for the plantiff.
 

mellowyellow

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Re: To sue or not to sue!

let me add this: most mechanics will troubleshoot<br />a motor on muffs, not on the water. your problem<br />only occured at WOT on the water. NOT supposed to<br />even run WOT on the muffs right?<br />how could wrench 1 even properly diagnose the <br />problem without a water test? test tank?<br />add more oil is kinda rediculous though...<br />curious,<br />M.Y.
 

JB

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45,907
Re: To sue or not to sue!

Lots of information and opinion added since this thread opened. Some seems to strengthen the plaintiff's case, some weaken it. I haven't seen anything that proves the first wrench liable.<br /><br />Haven't heard from either wrench. I can't accept the plaintiff's testimony about what the first wrench did/said or what the second wrench did/said.<br /><br />No judge in the world would pass judgement after only hearing the case for the plaintiff, with no cross examination.<br /><br />I still think the case is too weak to waste time pursuing it.
 

Chinewalker

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Re: To sue or not to sue!

If I may also play devils advocate a bit... Couple of questions...<br /><br />What caused you to take the motor to the shop in the first place? Was the motor not running right?<br /><br />If so, was it running right when you left the first shop? If not, why was the motor run for THREE HOURS afterwards. If it still wasn't running right after the first shop's "repair", then it should have A) been returned to the first shop for a second chance, or B) taken to the second guy for a second opinion right off the bat - NOT after being run with poor performance for THREE HOURS.<br /><br />For instance - you notice your brakes are not working properly - you take them to a shop and "repairs" are made. Upon leaving the shop you notice right away that the brakes are still not working properly. Do you take a three hour trip across the state? No. You go right back to the shop and try to make things right.<br /><br />- Scott
 

mattttt25

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Re: To sue or not to sue!

will- someone may have said this (i didn't get through all the posts), but i think you'll be wasting your time and money with a legal suit. the best i can see is you may get refunded from the work dealer 1 did for you. if you can prove the problem was there from the beginning (tough), he missed it and charged you for it, then maybe he owes you that. as far as being responsible for the later damages, i can't imagine a judge or jury giving you a cent. i'd be up front with dealer 1, ask for a refund, and hope for the best. sorry to hear about your troubles, good luck-
 

willxuout2

Seaman
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Nov 19, 2003
Messages
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Re: To sue or not to sue!

I finally have a chance to respond to some of you request for information.<br /><br />1. Bought a 1996 Evinrude OceanPro 225hp V6 carbed OB with a newly installed reman powerhead with about 40 hrs. on it.<br /><br />2. Water tested the boat before I bought it, put about 4 hours on it the first day out. Then motor ran fine. No stalling, sputtering, spitting, etc.<br /><br />3. Second trip. Cruised out about 30 miles offshore at about 3/4 throttle and everything ran fine. Stopped to fish for about 1 hr and went to start the motor and wouldn't start on the first 4 attempts. Pulled the plugs. Top two were black with thick oily crud on them...bottom 4 were tan and oily. replaced both top 2 plugs with new spares...motor started.<br /><br />4. On the way in the motor started acting like it was running out of fuel. Lurching, sputtering, and quitting. I could go about 3 miles and the the thing would do the same thing. Went 30 miles like this.<br /><br />5. 1st trip to the 1st mech. Explained the problem in detail and said they would check it out. Mech called me 2 days later...Stator is bad, stator coils are dripping goo. Fuel pick up tube in the tank is cracked and was sucking air when the fuel level dropped to about 1/2 tank. Replaced stator and pickup tube. The also checked compression (100 psi on all six) Tested spark after new stator (all fine now). They checked all lyncnsync timing. New plugs all around (the recommended champions). Bill was $750.<br /><br />6. Third trip out offshore. Motor ran fine for the first 2 hours. then hard to start again. checked plugs. top 2 were again fouled black crud. (I never troll with this motor...it gets run about 1/2 to 3/4 throttle for hours everytime I go out)Replaced the top 2 plugs and the motor starts. Motor runs fine except it keeps fouling the top plugs.<br /><br />7. Take all six used plugs to 1st mech. He sees the top two plugs and says "don't run that motor anymore...bring it in and I'll check the carbs". I could tell he was really concerned about the way the top 2 plugs looked. Said they looked a little too dry.<br /><br />8. Take the boat to the 1st mech for the 2nd time. Work order says check the carbs. I'll told them I was concerned about the bottom 4 plugs looking just alike and the top 2 looking different. They call me a couple of days later to come pick up the boat. They say they pulled the carbs (all six) and inspected them and found nothing wrong. Hmmmm...I say "why are the top 2 burning different and fouling out so quick?" Response: "I don't now...I've checked everything and can find nothing wrong. Just run the motor. Oh, and run a little more oil in the premix".<br /><br />9. Third trip offshore in Destin two weeks later. This is the first time I ran the boat after getting it back the 2nd time. about three hours into running the motor just stops. No horns, nothing. Motor won't crank over. Had to call a tow from offshore ($$$). It was a nice day to get wasted :D <br /><br />10. Get back into town about week later. Go right down to 1st mech and explain what happened. I didn't ask for anything. Just take a look at the motor and tell me what went wrong. That's when I get the "Those motors are crap" routine and that he could tell me without looking at the motor that the VRO failed and caused it to seize up. That's when I took it to mech #2<br /><br />11. Pay Mech #2 $250 to tear down the powerhead to the last bolt. The motor was literally a pile of parts. He said that the upper crank bearing seized up and ruined the crankshaft (lack of lubrication), upper bearng carrier, and the crank housing. He checked the check valve and hose from the lower crank to the upper crank and the valve was working propery. The top two plugs were again dryer than the other four and the top two carbs were definately not right. At this point they still didn't know the history with the 1st mech. he showed me the top two fuel lines (there are six fuel lines that are preformed and come as a complete kit) were too old and that when connected to the carbs they were restricting at the 90 deg. bend where they plug in. This means that there wasn't enough fuel being supplied to the top two cylinders. When running WOT the pistons heated up and swelled to the point were it caused enough stress on the upper bearing causing it to fail. (I was running WOT for about 3 minutes when it seized). This also explains why the top 2 plugs looked different the the bottom 4.<br /><br />12. Newly rebuilt OB. Fourth trip and $4500 later, the motor runs perfect. I check the plugs for the next 3 trips offshore. ALL six look identical...medium tan and oily...like they should.<br /><br />13. I knew there was something not quite right...but the EXPERIENCED and PROFESSIONAL mech (#1) said everything including the carbs checked out fine....so I did just what he said...added more oil to the premix and ran the thing. <br /><br />I'M STILL TRYING TO FIGURE OUT WHY HE SHOULDN'T BE HELD RESPONSIBLE! (even if it's only partly...I'm blame myself for being stupid enough to listen to him when I had a gut feeling that he was wrong).<br /><br />I've got a HEADACHE! :eek: <br /><br />Thanks for all the comments...I respect alot of what has been said. :p
 

seahorse5

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Re: To sue or not to sue!

<br /> posted January 22, 2004 09:04 AM <br />--------------------------------------------------------------------------------<br />Seahorse,<br /><br />I have a question for you. Are there any other powerheads that were usable on the 96 225hp OB from other years? Then reason I ask is that when I ordered the reman ph with the model no. the powerhead that came was different from the one that seized up. The guy I bought the motor from said that it had a reman ph installed and had about 40 hours on it. The mech #2 had to order a different fuel line kit from OMC to work with the ph I just bought. Make sense?<br />
That style powerhead came out in 1993 and was used up to 2001 as a 200, 225, and 250 hp. Over the years the intake manifold, carbs, and plumbing had some changes, so it is possible that someone did some switching of components. That now brings into question, which bolts were used to fasten the upper bearing housing. Like in my previous post, the recall bolts were gold colored and had a nylon locking patch on them.<br /><br />Did the bottom bearing area contain any of the oily grunge that you found in the top 2 cylinders ?<br /><br />Are these 2 shops that you mention, authorized Johnson/Evinrude dealers with diplomas for 1996 or later factory training, or are they other brand dealers, or self employed independents?
 

Forktail

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Feb 11, 2002
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977
Re: To sue or not to sue!

By seahorse - <br /><br />The questions are being asked since no one has the full story yet...
In willXuout2's first and second post he makes it clear that Shop #2 found the cause of the problem. He even saw it with his own eyes. So it clearly appears that Shop #2 has the "full story". They properly diagnosed the problem, and have the engine right in front of them. <br /><br />
By seahorse - <br /><br />...plus there was a recall about upper bearing failures due to loosening and the breaking off of bolts on the 1996 engines.
So? This doesn't mean it was the cause. <br /><br />Regardless, Shop #1 failed to take this into consideration, or even mention it to the owner. If the upper bearing was in fact defective, had a recall, or was the cause of the problem, then Shop #1 should've diagnosed it as such. But they didn't.<br /><br />
By seahorse - <br /><br />I guess that the techs here are the only ones who know that the top crank bearing is not lubricated by an upper carburetor.
The techs at Shop #1 obviously didn't know, or it would've been considered, or at least mentioned. Another sign of poor, inadequate service.<br /><br />
By JB - I haven't seen anything that proves the first wrench liable.
Improper diagnosis by Shop #1, resulting in unnecessary blown power head....verified by Shop #2.<br /><br />
By mellowyellow -<br /><br />let me add this: most mechanics will troubleshoot<br />a motor on muffs, not on the water. your problem<br />only occured at WOT on the water. NOT supposed to<br />even run WOT on the muffs right?<br />how could wrench 1 even properly diagnose the <br />problem without a water test? test tank?
Good technicians are supposed to have, and use, the appropriate diagnostic equipment. If all this shop had was muffs, then a proper diagnosis would be hard to do. Most reputable shops will have a tank that you can back the whole boat down into and run WOT.<br /><br />Still_Learning....EXACTLY!! :D <br /><br />There's a lot of speculation going on here by some, but nothing to back it up with.<br /><br />I'm backing up my opinion with Shop #2's professional diagnosis. They have the outboard in front of them, and found the problem. Shop #1 missed it and it cost this guy a new power head.
 

willxuout3

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Jan 21, 2004
Messages
12
Re: To sue or not to sue!

Seahorse,<br /><br />1. Thanks for following this thread.<br /><br />2. The 1st mech (dealer) is an OMC/Bombardier Authorized Dealer and Factory Mechanics.<br /><br />3. The 2nd is a Mercury Dealer/Mech. Doesn't make much sense does it? The #2 mech that worked on my OB used to be a factory trained OMC mech until the early 90's. Doesn't have the factory training that the 1st mech should have on OMC OB. Although , the 2nd mech was much more knowlegdeable than the 1st mech. He took the time to explain how an OB works. I learned alot. He didn't have to spend any time with me as the customer , nut he did, that deserves some respect. So far he hasn't pointed me in the wrong direction.<br /><br />3. as far as i know there was no oily grunge in the bottom bearing. Let me explain in detail what the top 2 plugs looke like. They wer dark and looked like charcoal. the surface of the ceramic and electrode was covered by a thick coating of bumpy looking stuff that was dry to look at. VERy slight oil on each of the top 2 plugs.<br /><br />4. As far as the PH that blew. It was DEFINATELY not the original ph that came on the TX225TXED model OB. Who replaced the original PH must have used a different PH. I can tell you for sure that the bolts that held the upper bearing housing in place were NOT gold. When I order the reman PH i used the model no and serial number on the original sales receipt. When the reman PH came mech #2 had to change the carb setup.<br /><br />Hope this helps.
 
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