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You betcha it's a warranty item and don't settle for anything less than a properly working transmission... force them to fix it and refix it until you are happy with it.
Last thing you want is a buggy tip tranny after it's gone out of warranty. That would be oh-so expensive to fix or to take as a hit when selling the vehicle.
Could be a lot of things in my estimation... software or programming issues or actual metal or a cable that needs to be adjusted or replaced.
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