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Taking VWoA to court!

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Re: [gti-vr6] Chips "Myron Ybarra" <YbarraRonTracey@worldnet.att> Tue, 4 Aug 1998 20:19:51 -0700
[gti-vr6] Warranties Uwe Ross <Uwe.Ross@pobox> Wed, 05 Aug 1998 09:19:49 -0400



From YbarraRonTracey@worldnet.att Tue, 4 Aug 1998 20:19:51 -0700
From: "Myron Ybarra" <YbarraRonTracey@worldnet.att>
Subject: Re: [gti-vr6] Chips
Date: Tue, 4 Aug 1998 20:19:51 -0700
 
Don wrote:
(major snippage)

> What if anything will be done if they find a chipped
> ECM I don't know. I do know that they are rewriting the warranty coverage,
> and will address the installation of non VW options in regards to warranty
> coverage.

For the individuals that run across a dealer who "rewrites the warranty
coverage" on your GTI, this amended warranty will not hold up in court.
When you purchased your GTI or Jetta it came with tires, wheels, motors,
and warranties that are all supposed to work when you need them to.  When
you take your vehicle in for service, the dealer doesn't take out your
heated seats out of your 95 GTI because the 96 GTI's didn't come with them.
 The only changes the dealer, and for that matter VWoA, can make to your
vehicle must benefit you in some way.  If any dealer tries to change the
wording on your warranty which removes or amends warranty benefits that you
had, you show them the warranty book which was included in your GTI and if
the change doesn't benefit you, tell them you'll see them in court.

I say this from experience because I took VWoA to small claims court and
won all of my money back on repairs that should have been covered under
warranty.   BTW, the defense that VWoA tried to use in court (with regard
to warranty coverage) was that all warranty books were printed by different
printers and therefore, some changes in wording are going to be expected.
The presiding judge told VWoA that full disclosure of all warranty benefits
and limitations must be presented at the time of sale so the buyer can make
a sound decision on the purchase.  The warranty benefit/limitation book
that is included with the vehicle is therefore vehicle specific and cannot
be changed unless full disclosure and approval come from the owner.


Myron Ybarra
http://members.tripod.com/~MIDKNIGHT_MOTORSPORT










From Uwe.Ross@pobox Wed Aug 09:19:4 1998
From: Uwe Ross <Uwe.Ross@pobox>
Subject: [gti-vr6] Warranties
Date: Wed, 05 Aug 1998 09:19:49 -0400
 

> Subject: Re: [gti-vr6] Chips
&gt; From: "Myron Ybarra" &lt;&#89;barraRonTracey&#64;worldnet.att<img src=/i/dn.gif border=0 width=35 height=15>&gt;
> Date: Tue, 4 Aug 1998 20:19:51 -0700
>
> Don wrote:
> (major snippage)
>
>>  What if anything will be done if they find a chipped
>>  ECM I don't know. I do know that they are rewriting the warranty
>>  coverage, and will address the installation of non VW options in
>>  regards to warranty coverage.

Perhaps what Don meant is that the terms of the warranty will change in
upcoming model years.  This would not affect the warranties already in
effect for cars previously sold.

> I say this from experience because I took VWoA to small claims court and
> won all of my money back on repairs that should have been covered under
> warranty.   BTW, the defense that VWoA tried to use in court (with regard
> to warranty coverage) was that all warranty books were printed by different
> printers and therefore, some changes in wording are going to be expected.

Pitiful.  VW (or it's lawyers) write.  Printers print, usually from
camera-ready art (or it's digital equivalent).   Somehow, I don't think
VW would allow some print shop in Mexico to fiddle with the wording...

> The presiding judge told VWoA that full disclosure of all warranty benefits
> and limitations must be presented at the time of sale so the buyer can make
> a sound decision on the purchase.  The warranty benefit/limitation book
> that is included with the vehicle is therefore vehicle specific and cannot
> be changed unless full disclosure and approval come from the owner.

Yup.  The warranty book that was provided with the car *is* the
warranty.  From the inside cover: "This booklet CONTAINS THE WARRANTY
for your new Volkswagen vehicle." (emphasis mine).  It is a legal
document which gives you specific rights and it absolutely cannot be
changed to the detriment of the owner without the owner's consent.

Myron, your whole court experience oughta be in Andy's archives, but
unfortunately it's not.

There is some interesting advice from Wally, however.  See
http://www.panix.com/~aqn/GTI_VR6/gti_vr6/archive/misc/info_on_suing_dealers.html
[username:driver password:hired]

- -Uwe-
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