Warranty and aftermarket parts. Magnuson-Moss Act

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JKmotorsports

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Here's something for those of you concerned about your warranty.

FEARS:

You want to upgrade your vehicle with aftermarket equipment, but you’re worried about putting the vehicle’s warranty at risk. It’s no wonder. How many times have you heard someone at a automobile dealership say that unless the dealer installs your aftermarket equipment you will automatically void your new car warranty? This common misconception has been repeated often enough to be widely believed – though it is a myth and completely false.

FACT:

Dealers don’t like warranty work, because it pays less than normal repair work. By promoting the myth that aftermarket equipment automatically voids warranties, some dealers avoid such low-paying work. Instead, they attempt to charge customers the prime service rate for work which is rightfully done under warranty.

THE TRUTH:

Most vehicle owners are not aware they are protected by federal law: the Magnuson-Moss Warranty – Federal Trade Commission Improvement Act of 1975. 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. Most states have warranty statutes, as well. Which provide further protections for vehicle owners.

In other words, that means a dealer can’t wiggle out of his legal warranty obligation merely because you install aftermarket equipment. To find out if any aftermarket equipment automatically voids your vehicle’s warranty, check the owner’s manual. It is likely the language you are looking for appears under a heading such as “What Is Not Covered†Although the language seems negative, remember your vehicle manufacturer is simply saying he does not cover the aftermarket products themselves. He is not saying that the products would void the vehicle warranty.

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.

An example of how ridiculous this can get is the man who was denied warranty coverage by a dealer on his power door locks, because he had improved his exhaust system! Sounds nuts? It really happened – because that man did not know his rights and challenge the dealer’s decision.

Fact: A dealer must prove – not just say – that aftermarket equipment caused the need for repairs before he can deny warranty coverage on that basis.

YOUR RIGHTS:

Point out to the dealer the provision of the Magnuson-Moss Act- Require that he explain to you how the aftermarket equipment caused the problem. If he can’t – or his explanation sounds questionable – it is your legal right to demand he comply with the warranty.

Fact: If you are still being unfairly denied warranty coverage, there is recourse. The Federal Trade Commission, which administers the Magnuson-Moss Act, monitors compliance with warranty issues. Direct complaints to the FTC at (202) 326-3128. For "The Businesspersons Guide to Federal Warranty Law" and the full requirements of the Magnuson-Moss Act, visit the FTC's web site.


SECURITY SYSTEMS:

Under the Magnuson-Moss Warranty Improvement Act, a vehicle manufacturer may not make its vehicle warranty conditional on the use of any brand of anti-theft device unless the manufacturer provides the anti-theft device free of charge or the Federal Trade Commission (FTC) has specifically published that only the vehicle manufacturer’s product may be used. To challenge a false claim, ask the person to put it in writing, or request the vehicle manufacturer’s security system free of charge. If you are charged for the anti-theft device, or they refuse to give you a written statement, this is a violation of Federal law.

This is the actual language of the act:

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; except that the prohibition of this sub-section may be waived by the Commission if:

the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and

the Commission finds that such a waiver is in the public interest.

The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person or pursuant to this chapter or from violating any prohibition contained in this chapter.
 

Whipple1

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This is so true,I was never turned down and I had the blower on my truck for 5 years,The dealer wasnt to happy I had it on there,I had a bad wheel speed sensor and a bad MAF sensor once and they just fixed it.Im sure it helps to be friendly with the dealership if your going to do heavy mods.
 

pcarlisle

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What Is Not Covered
Items are not covered for damage due to accident, misuse, alteration, insufficient or improper maintenance, contaminated or poor quality fuel.

"This is copied for GM P&P 2008 manual."

Example: A customer replaces his air filter with a nonreplacement type (K&N, etc....) coats the filter with filter oil, but, puts to much oil on it. This in turn causes an oil film to coat the Mass Air Flow Sensor, which causes the "SES" to come on, and sets a code, after diagnosing the tech finds the cause of failure (oil on sensor). The repairs will be the owners responsiblity, NOT GM. The failure was caused, not by a failed part, but by the owner installing the aftermarket part wrong. Now you might say, this guy is crazy, or that this will never happen. No I'm not, & yes it has happened at 2 different GM stores, that I managed in the last 2 years.

This is from a Service Manager in my area:

I had a customer the other day (05 Duramax Diesel) with a "Power Up Kit". He has a blown head gasket. We called TAC and found that there is a good chance the power up kit caused the concern. We gave him the option to pay if the modification caused the concern or not to pay if it did not. He declined the repair. He towed the vehicle out of the dealership.


Now I know the Service Manager at this location, if the failure was caused by a part failure, GM would have paid for the repair, but, if the failure was caused by the "Power Up Kit" the customer would have paid for it. You can't ask for a more fair deal.

My question is, "If the aftermarket part caused the repair, then way should the vehicle manufacture pay for the repair"?

I can't get the picture to copy over, but my GM rep sent me a picture of an oil filter (non OEM) that came apart on the inside, causing internal engine failure, which caused a rod to come though the side of the block. Is it GM's responsiblity to pay for this repair, when the customer takes the vehicle to an aftermarket place to have an oil change?

Understand, I don't have a problem performing a warranty repair, even issueing a "Goodwill assistance" to vehicles that is out of warranty coverage, (on something the customer could not have caused) but, you can't cover something which casued a failure, by a non-factory component.

All I'm saying is: Just make sure, & do your research, on the product that you want to install. Example "Lift Kits" make sure, that the mounting bolts are tighten on a regular basis, and that the driveline angle is not to severe to cause driveshaft u/ joint failure. etc...

Just my $0.02 worth, since I've been working in auto dealerships since the middle 70's as a tech, and in management since the early 90's.
 

greengumby

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"Example: A customer replaces his air filter with a nonreplacement type (K&N, etc....) coats the filter with filter oil, but, puts to much oil on it. This in turn causes an oil film to coat the Mass Air Flow Sensor, which causes the "SES" to come on, and sets a code, after diagnosing the tech finds the cause of failure (oil on sensor). The repairs will be the owners responsiblity, NOT GM. The failure was caused, not by a failed part, but by the owner installing the aftermarket part wrong. Now you might say, this guy is crazy, or that this will never happen. No I'm not, & yes it has happened at 2 different GM stores, that I managed in the last 2 years."

you are 100% correct thats why you must invest on a 100% dry filter and this will not void the warranty on the sensor :) If you do get the oil on the sensor wouldn't a TB cleaner be able to remove it?

oh and
welcome.gif
to the forums!
 

tybardy

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What Is Not Covered
Items are not covered for damage due to accident, misuse, alteration, insufficient or improper maintenance, contaminated or poor quality fuel.

"This is copied for GM P&P 2008 manual."

Example: A customer replaces his air filter with a nonreplacement type (K&N, etc....) coats the filter with filter oil, but, puts to much oil on it. This in turn causes an oil film to coat the Mass Air Flow Sensor, which causes the "SES" to come on, and sets a code, after diagnosing the tech finds the cause of failure (oil on sensor). The repairs will be the owners responsiblity, NOT GM. The failure was caused, not by a failed part, but by the owner installing the aftermarket part wrong. Now you might say, this guy is crazy, or that this will never happen. No I'm not, & yes it has happened at 2 different GM stores, that I managed in the last 2 years.

This is from a Service Manager in my area:

I had a customer the other day (05 Duramax Diesel) with a "Power Up Kit". He has a blown head gasket. We called TAC and found that there is a good chance the power up kit caused the concern. We gave him the option to pay if the modification caused the concern or not to pay if it did not. He declined the repair. He towed the vehicle out of the dealership.


Now I know the Service Manager at this location, if the failure was caused by a part failure, GM would have paid for the repair, but, if the failure was caused by the "Power Up Kit" the customer would have paid for it. You can't ask for a more fair deal.

My question is, "If the aftermarket part caused the repair, then way should the vehicle manufacture pay for the repair"?

I can't get the picture to copy over, but my GM rep sent me a picture of an oil filter (non OEM) that came apart on the inside, causing internal engine failure, which caused a rod to come though the side of the block. Is it GM's responsiblity to pay for this repair, when the customer takes the vehicle to an aftermarket place to have an oil change?

Understand, I don't have a problem performing a warranty repair, even issueing a "Goodwill assistance" to vehicles that is out of warranty coverage, (on something the customer could not have caused) but, you can't cover something which casued a failure, by a non-factory component.

All I'm saying is: Just make sure, & do your research, on the product that you want to install. Example "Lift Kits" make sure, that the mounting bolts are tighten on a regular basis, and that the driveline angle is not to severe to cause driveshaft u/ joint failure. etc...

Just my $0.02 worth, since I've been working in auto dealerships since the middle 70's as a tech, and in management since the early 90's.



The point is really that putting an after market part on the car is almost never the cause of the problem. Almost every point you made was error on the OWNERS/MAINTAINERS part.

I plan to have a new Muffler welded on my Rig, I presently have an AEM intake on the way... now if I do in to have warranty work done to my motor and I get denied because after market parts are installed, I will drive my truck through the front door! lol

I agree with most of what you are saying but what i think the ultimate point here is, if the owner takes proper care of his/her vehicle (like most of us are doing) than the aftermarket part should not be a consideration when we need warranty work. Unfortunately, most individuals dont know enough about their own vehicle so they will believe whatever the dealer tells them and if the dealer cant tell what actually caused a malfunction but it COULD have been from the aftermarket part, they are going to default in their own favor and the consumer is left holding the bag... its really sad.
 

gidders225

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The hose goes down to the back of the engine. Its very close to the transmission. I took the picture below. I had to climb on the radiator and stick my hand up against the firewall and take pictures until I captured something.

Would you happen to know if the knock sensor should have a tube going to it? I searched around to see what else the hose could go to and can't find anything. The only thing that comes to mind is the knock sensor, but I can't see it since its under the manifold.
 

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