Presume we're talking auto box here??
Most auto boxes need to have their fluid changed at prescribed intervals. Black fluid is a sure sign the fluid has been in there way too long and has been overheated due to this and the level being low. This is almost certainly an issue with poor servicing.
It is defo NOT wear and tear. Auto boxes, properly looked after should be able to achieve sky high mileages.
Whether this is enough for the warranty company to escape liability is another matter. I'd recommend an engineers report and seek advice from a solicitor with a view to taking the warranty company or dealer to the small claims court.
"they also said they were unable to examine the fluid as it had already been drained" of course it had!!! Draining the fluid is the first thing anyone would do before removing any gearbox!!! Perfectly normal proceedure. You're being fed BS of the smelliest
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