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#1 (permalink) |
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FEATURED
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-- Know Your Rights; Warranty, and How To Protect It! --
Mods, make this a "Sticky" please.
Aftermarket Modifications will not VOID a warranty!! read-link Magnuson-Moss Warranty – Federal Trade Commission Improvement Act of 1975 http://www.ravelco.net/magnusonmossact.htm Other post on the fourms tonight, (AFGuy - Exhaust Question) made me think to post for all to read and understand. ![]()
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#3 (permalink) |
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Drivetrain Calibration
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Under the Magnuson-Moss Act, aftermarket equipment which improves performance does not void a vehicle manufacturer’s original warranty,unless the warranty clearly and conspicuously states that aftermarket equipment voids the warranty.
Case closed
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2002 HD - 631 RWHP - 757 RWTQ Currently fabbing twin-turbos
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#4 (permalink) |
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Lappy 486!
Join Date: Aug 2004
Location: Southern Baltimore area
Posts: 473
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Soooo... our factory or extended warranty does state that aftermarket equiptment voids the warranty?
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#5 (permalink) |
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"Shadow the Hedgehog"
Join Date: Jun 2004
Location: Jacksonville - FL
Posts: 6,979
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Good one Krix...this could help in many many cases...
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#2256 built in 3/26/02 - 6# lower, 377HP/483TQ before the Whipple.
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#7 (permalink) | |
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Drivetrain Calibration
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Quote:
What it's really there for more than anything, is that if you blow your engine and it's 100% stock, they can't blame it on a Fram oil filter
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2002 HD - 631 RWHP - 757 RWTQ Currently fabbing twin-turbos
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#8 (permalink) |
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Registered User
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After market mods will void a warranty but it depends on the mods. A 10lb lower pulley will improve performance and blow your motor. I'll bet it is not warrantied
You have to realize if you start modding for extreme performance your foolish to think it will be warrantied. You eed to think about it befre you mod and ask yourself if you really think the changes will effect the warranty. Chips=yes, Pulleys= yes is many cases but not all, CAI=no |
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#9 (permalink) |
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FEATURED
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This act is to protect against a dealer voiding your warranty of say a blown trans, just because you added an air filter setup.
I have had the unfortunate luck of going toe to toe with a dealer, when i had my BMW, which was a sponsored show car only. When asking them to prove my mods caused the oem electric cooling fan to blow, and raised a stink, it was suddenly swept away and taken care of. Dont be afraid to mod! "VEHICLE DEALERS OBLIGATIONS: Suppose your modified vehicle needs repairs while still under warranty. Without analyzing the true cause of the problem, the dealer attempts to deny warranty coverage. He made his decision simply based on the fact that you’ve installed aftermarket equipment – a convenient way to dodge low-paying warranty work."
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#10 (permalink) | |
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Registered User
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Quote:
However... The manufacturer COULD prove that it CAUSED the damage. If so, then THAT damage and THAT warranty is void. Not the WHOLE truck warranty. Also... the manufacturer has to PROVE it in a Court of law. They'll usually settle "gray" cases without paying lawyer/legal fees... but only if you FIGHT. I personally think a 10# pulley WILL cause damage and void the warranty. 6 #'s? I dunno... Neither does the courts... nor Ford. That has has to be proven (in court). Who's to say the damage came from something OTHER than the 10 # pulley? Ford has to PROVE it... CASE by CASE. |
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#11 (permalink) |
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Registered User
Join Date: Nov 2003
Location: Vidalia/Statesboro, GA
Posts: 801
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basically what that is saying is that the manufactorer has to prove that an aftermarket addition caused a certain failure. For example, if you add electric fans, they can't say your warranty is void if your motor/tranny blows. But, if you add anymore boost than what comes from the factory, a chip, nitrous, etc, they can and will void the part of the warranty that failed (if your motor blew or tranny went bad, they can void the warrenty on those 2 items, BUT NOT on other items on the truck like your radio or something that has nothing to do with what went wrong).
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#14 (permalink) |
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Registered User
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There were several good points in the previous discussions. But let me make some things perfectly clear. Consumer Protection Laws ( Magnuson - Moss, Song - Beverly act) were enacted to prevent companies from breaching contractual obligations that were both express and implied ( written or reasonable to expect). The fact is the burden of proof falls on the manufacturer. They must prove that the modification was directly responsible for the failure. Where most people waste a lot of time and energy is in dealing with the dealership. It is not a dealership warranty! Its a manufacturer warranty. While on that subject. Under the MM act congress defines a warranty that can not be separately purchased, but is used a means to add value or so that a consumer would perceive value and be able to make comparison between competitive products. An EXTENDED WARRANTY is a service contract and carries with it a completely separate set of rules. If you make modifications to your vehicle while under warranty and something fails. You should expect to have to go to arbitration to get restitution. Dealerships are not likely to cooperate with you as their loyalty and direction comes from the factory service reps. The vehicle should be taken to an ASE certified shop where certified technicians can conduct a tear down and inspection that MUST BE VIDEOTAPED. I suggest a separate shop because strange things happen when people have a vested interest in the outcome (dealership), and they charge an arm and a leg for it.. If it can be determined that your mod caused the failure, I suggest you take your lumps be a man and accept responsibility. If not you can elect to pay for the repair and seek reimbursement for all related expenses through arbitration or submit your video, any documentation, written testimony, and signed affidavits by the technicians conducting the tear down to 2 separate locations. Congress encouraged vehicle manufacturers to participate in arbitration to keep the courts from being continuously tied up with similar cases. Only when manufacturers began paying out large jury awards in civil cases to they adopt this option. The dispute Settlement Board in WI consists of 4 members 1 being a FLM Dealer who review each case and render a decision. They decide type of restitution if any, and the amount ie: repair of item, replace vehicle, pay for expenses laid out. The DMV has a similar program for new cars. Manufacturers are bound by their decisions, but the consumer is not. So if you don't like the result you still have the option to sue in civil court. You have lost nothing. Best of all the Dispute settlement board moves quickly rendering it decisions within 30 days. This option is all to often overlooked and more people should be pursuing it. Manufacturers do not want to go to court and lose. That would establish "case precedence", so what they often do is fight a case by papering it to death with motions and extensions to frustrate and weed out those that are not committed. Those that have decided to go all the way! will likely be offered a settlement on the steps of the courthouse the day of the trial for the aforementioned reasons. Many of the stories I have read within these threads were likely very valid complaints and instances were they became victims for not understanding exactly how this "game" is played. Things like paint and engine failures, suspension, tranny malfunctions, can often be found in the manufacturers TSB's. An item does not get to be a TSB until it has been determined to be widespread and if a manufacturer fails to post them, they subject themselves to class action litigation, as well as sanctions and fines by the NHTSA, and other govern****** agencies. So don't forget to check the TSB's on your ride when you are experiencing a problem. In fact you should always print them out and take them to your local dealership, hand the service manager a copy, and ask that your vehicle be serviced for the item mentioned within.
I have walked this path recently and have learned much. I am happy to share with my brethren my experiences in hopes to prevent their misfortune. (DEEP) All BS aside just remember the manufacturer bears the burden of proof but in America you cant count on companies to have integrity and do the right thing. Unfortunately, you have to always look at your business dealings as if you were going to court what would you need to prove your case and win. Always keep your paperwork, and always let the dealer see you taking notes from your conversation with them. Do this and you will see a enormous change in the answers and service you receive. Remember, they are not your friends and will not be there for you when you need them. I hope my term paper helps somebody else. That's How I Roll! |
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#15 (permalink) |
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Junior Member
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before you allow an ase or otherwise non dealership of the like of your vehicle does work on your vehicle that the manufacturer will allow them to make a claim, one of the big reasons warranty's work out so well is that all the repairs go to the dealership and right back into the company. i've never seen the manufacturer that i work for pay a dime to another outside company to do the same work we could, unless we wrote a ticket on it and deemed it not feasable for us to work on it and we had to sublett the work out., i know in most contracts factory or extended it plainly states that all warranty work must be done by licensed dealership, or done through us.
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