I see alot of people asking what performance modifications will do to their warranty or that they are going to wait until the warranty expires before taking any of the stock parts off. The dealer isn't supposed to deny warranty coverage unless something you do actually causes the problem. This is covered under the Magnuson Moss Warranty Act -
US Code - Title 15, Chapter 50, Sections 2301-2312
Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)) . For best results, consider working with performance-oriented dealerships with a proven history of working with customers. If your vehicle manufacturer fails to honor emission/warranty claims, contact EPA at (202) 260-2080 or www.epa.gov. If federal warranty protection is denied, contact the FTC at (202) 326-3128 or www.ftc.gov. For additional information, check out the following links:
Some dealership service departments are easier to work with than others. I've talked to customers that had dealers that were happy to see performance mods on the car while there are others that don't like to see the filter changed. But when it comes down to it, they can't say anything about it. On the other hand, if you bring the car with rods hanging out of the block and a nitrous bottle in the trunk, that will probably put up a red flag right from the start
I'm not really interested in stirring up a hornets nest over this, however, although your comments are correct, they are somewhat misleading. People should be aware of an important fact. While reading a post on another issue, I came across a statement that is a real eye opener. In his post he was referring to using a non-recommended oil viscosity, but it applies to all modifications..."DC has to prove nothing to deny the claim, they do have to prove the "modification" caused the failure in court only after you have spent countless thousands of dollars and hours getting them to court in the first place." The poster went on to say, who has pockets deep enough to take DC to court and "PROVE" that it did not cause the problem.
Those wishing to do mods should also understand that it's not as cut and dry as it seems. It's one thing to say "I know my rights", but having the money and the years it would take to prove you're right is another story. You can list all the government links you wish. All DC has to do is say no and you have no option but to take them to court over it. That's what corporate lawyers get paid to do. Remember, they only have to prove it once you finally get them into a court room.
Rambit
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2005 300C SRT8 - #72 of 252 (excl. 11 pilots) - #10 of 35 Canadian SRT8's built 2008 Harley Davidson FLSTF Fatboy - Vance & Hines Big Shots STGD with FuelPak tune. 2008 Jeep GC SRT8 - Custom Build/Custom Delivered by SRT - 1 of 1 in Canada
I asked the dealer up front when I was buying my car which mods VOID the warranty and which ones don't. (I bought the 100,000 mile powertrain warranty)
His response:
"If you read your warranty (now there's an idea) Chrysler reserves the right to deny any claim that it "feels" (his word) is caused by any Modification. What are you thinking?"
Cold Air intake.
"You're fine" he said.
Catback exhaust.
"You're okay"
Supercharger? (I just had to try)
"You're on your dime. Warranty's gone"
I have about 87 weeks, um ,87 thousand miles until the powertrain warranty expires. When considering mods this is my first concern. My second is usually: How easy or hard is it to undo the mod with no visual (or electronic) evidence that it was there? (Just in case I have to "undo" something before a dealer trip).
Magnaflow catbacks installed?
Check!
Next Mod? Hennessey Ram Air kit!
Considerng the GSM fan mod, and maybe, the lower thermostat with the hole drilled...
The car has gotten faster with some miles on her! 13,000 miles, lights 'em up at will! Areally nice SRT-8 feeling.
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It was me. Ever since Huntington Beach October '05, it was me!
In the above case, window tint causing a hole in the piston, you might be okay. But when a tech stands up and says how the increased airflow from your CAI cuased sowrling air patterns in the cylinder, leading to localized heating which burned the hole, your most likely going to lose. Never mind thats its bull, unless you get lucky and get a gearhead judge, its he said, she said.
Chances are the judge is going to have a short window of time to decide whom to believe, you, of unknown mechanical skills, and a tech with 10-20 years fixing cars. Like facing a cop on a traffic citation, you better bring the A game and a bag of chips, and a bunch of 8X10 color glossies with pararaphs on the back
I was talking to my dealer about lowering the car and they gave me the same spiel. If the lowering causes a problem with the suspension then its not covered. So basically what they are going to tell me if anything happens suspension wise with the car, oh its the lowering kit that caused that. And just like it was mentioned earlier, what can I do about it? Take it to court and then have a judge that doesnt know anything about cars. Point is, be sure before you mod your car in an extreme way, understand the consequences of your decision. If they can find a way to sqeek out of a warranty, they will.
In the above case, window tint causing a hole in the piston, you might be okay. But when a tech stands up and says how the increased airflow from your CAI cuased sowrling air patterns in the cylinder, leading to localized heating which burned the hole, your most likely going to lose. Never mind thats its bull, unless you get lucky and get a gearhead judge, its he said, she said.
Chances are the judge is going to have a short window of time to decide whom to believe, you, of unknown mechanical skills, and a tech with 10-20 years fixing cars. Like facing a cop on a traffic citation, you better bring the A game and a bag of chips, and a bunch of 8X10 color glossies with pararaphs on the back
It that case, you have to use the ol' noggin, and it still doesn't take a lawyer. Just start asking the common sense questions when you get to question the DCX witness:
1) Do you have a degree in mechanical engineering?
2) How many burned pistons have you seen as a result of swirling from an aftermarket intake?
3) How did you determine that "smirling" caused the problem?
4) What are the other possible causes of a burned piston?
5) How did you eliminate those causes for this particular problem?
6) Please explain the physics that allows "swirling" to cause a burned piston.
etc., etc., etc. If you want to get technical (but this may require a lawyer to understand the law well enough) typically it will require an expert witness, as opposed to the lay-witness, to even testify as to causation of a mechanical failure. Thus, unless DCX brings a professional witness, with an engineering degree and a whole lot of additional qualifications, you could simply challenge the witnesses qualifications as an expert, and keep them from even testifying.
(for you other lawyers on the site, yes - I am vastly oversimplifying my answer on this part).
Bottom line: It isn't nearly as scary, difficult, or rare for the consumer to win the argument as many people would love for you to believe. SEMA fights for all of us "modders" regularly, and the auto mfgs. like to try to scare people.
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