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I got this info from TAPerf. Page about warranty and stuff
T.A.P. Warranty Concerns: Info Page
WARRANTY
INFO
This information provided by SEMA for the
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WARRANTY DENIAL!
IMPROPER AND PROPER VOIDING OF NEW-VEHICLE
WARRANTIES
There are probably still some people out there who believe that
new-vehicle
warranties are voided when aftermarket parts are installed. It is not
difficult to understand how people might feel that
way when the vehicle dealers do everything they can to make people
believe that is true. In fact, as we know, it
is not true! Further, statements to the contrary by vehicle
manufacturers, their dealers and other agents are in
violation of the law.
Just in case you run into someone who does not know the facts, here they
are.
TYPES OF WARRANTIES
The first thing to understand is that there are two types of
warranties. The first is
called an express warranty. The new-car warranty is an example.
Another example is the emissions
warranty, which is required by the Clean Air Act.
These are
warranties which are written, or more rarely, spoken
warranties where the terms are spelled out.
The second type of
warranty is called an implied warranty. This warranty is
not written but imposed by law on those who, by certain conduct, imply
that there is some warranty with regard to
their products.
For example, when a manufacturer sells a product,
it is reasonable to assume that the product
will perform in a
particular fashion, that is, it will be fit for the ordinary purpose for
such a product. If the
product fails to
perform, there is a breach of an implied warranty. Further, if the
seller knows the
purposes for which the
product will be used, there is an implied warranty that the product will
be fit for that
purpose.
Sellers can avoid the responsibility of express warranties by
simply not offering one.
(That's pretty tough with
the emissions warranties, since they are required by law.) Implied
warranties can also be
avoided in some states
if the seller disclaims any implied warranties.
EXPRESS WARRANTIES
Both federal and state laws have been enacted to regulate the way
in which warranties
are enforced, to
attempt to reduce consumer fraud. One such law is the Magnuson-Moss
Warranty Act,
administered by the Federal
Trade Commission. One of the most important provisions of that Act is
that "no
warrantor of a consumer
product may condition his written or implied warranty of such product on
the consumer's
using, in connection
with such product, any article or service (other than article or service
provided without
charge under the terms of
the warranty) which is identified by brand, trade, or corporate
name...." That says it all.
No manufacturer,
including the vehicle manufacturers, can void its warranties, any
warranties, merely
because aftermarket parts are
used on its vehicles.
If that were not enough, Congress when further to include similar
language in the
Clean Air Act. Under the
Clean Air Act, vehicle manufacturers are required to provide two types
of warranties
with their vehicles. The first
is the production, or defect, warranty which says that the vehicle, at
the time of sale, will
be free from defects
which would cause it to fail to meet required emission levels for its
useful life. This
warranty is generally
triggered when a large number of vehicles fail to meet requirements, and
there is a recall.
The second warranty
is the performance warranty which says that if the vehicle fails to
maintain its emissions
levels for the required
period, inspection and maintenance test required by the states. (For
more information,
see related document in
series, "Inspection/Maintenance Programs.") So what happens to these
warranties when
you install aftermarket
equipment? Nothing! In addition to requiring that vehicle
manufacturers provide
warranties, the Clean Air Act
requires that manufacturers not condition the warranties on the use of
their components
or service, unless it is
provided free of charge. What could be more clear?
WHEN MAY WARRANTIES BE
VOIDED?
From what is said above, it is clear that a warranty cannot be
voided merely because
an aftermarket part is
installed on a vehicle.
Example 1: The use of computer chips, or similar recalibration
devices, does not
automatically void new-
vehicle warranties: it must be proven that the use of such aftermarket
devices were
directly responsible for the
claim.
Example 2: Strange as it many seem, dealerships have tried to deny
warranty for
things such as leaking
rear main seals or wheel bearings when unrelated items such as an
aftermarket exhaust
system have been
installed.
Example 3: Even substantial modifications with aftermarket products
such as
superchargers or suspension
kits can be completely irrelevant to the cause of vehicle failure.
However, there are circumstances where a warranty can be voided.
If a consumer
installs an aftermarket
part and either the improper installation of the product or the product
itself is responsible
for a problem which
results in a warranty claim, the vehicle manufacturer is not responsible
for the claim.
No one, including the vehicle manufacturer, should be responsible
for problems which
are created by others,
and the law honors this principle in the area of warranties. A thorough
examination of a
vehicle which is under
warranty must be conducted by the dealership to determine the cause of
the problem.
IMPROPER WARRANTY DENIAL
If a vehicle dealer denies an emissions warranty claim merely on
the basis of the
installation of aftermarket
parts which have not been the cause of the warranty claim, get the
refusal and the reasons
for the refusal in
writing. Then, follow the procedures in the owner's manual for warranty
coverage. If all
fails, contact the
Environmental Protection Agency to report the improper warranty denial.
The number is
202/233-9040 or
202/233-9100.
If the warranty denial relates to the new-vehicle warranty and
is based merely upon
the installation of
aftermarket parts which have not been demonstrated to be the cause of
the warranty
claim, contact the Federal
Trade Commissions to report the improper warranty denial. The FTC
number is
202/326-3128.
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Tue Aug 11 15:50 CDT 1998