The Magnuson-Moss Warranty Act

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Warranty Policies
Will installing this modification affect my warranty? My dealer told me it would.
Often a dealership will tell you that installing an after market product will void your warranty. This is completely false. Warranty work pays a service department a lower rate than regular work. By promoting the idea that after market products will void warranties, many dealers will avoid the lower paying work and charge the regular rate for service which should be covered under warranty.

Do I have any legal protection concerning my vehicle and after market equipment?
Yes vehicle owners are protected by federal law. The Magnuson-Moss Warranty "“ Federal Trade Commission Improvement Act of 1975. Under the Magnuson-Moss Act, after market equipment which improves performance does not void a vehicle manufacturer's original warranty, unless the warranty clearly and conspicuously states that after market equipment voids the warranty. Most states have warranty statutes, as well, which provide further protections for vehicle owners.

It say's in my owner's manual that after market products or modifications are not covered under warranty what does this mean?
Most of the time the manufacturer is only stating that he will not cover the after market components. He is not saying that the products would void the vehicle warranty.

My dealer refuses to warranty repairs on my vehicle because I have installed after market equipment on my vehicle.
Point out to the dealer the provisions of the Magnuson-Moss Act. Require that he explain to you how the after market 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. If your still unfairly denied warranty contact: The Federal Trade Commission, which administers the Magnuson-Moss Act, monitors compliance with warranty law. Direct complaints to the FTC at (202) 326-3128.



Understanding the Magnuson-Moss Warranty Act
Nearly everyone has heard about someone who has taken a vehicle that has been modified with aftermarket parts to a dealer for warranty service, only to have the dealer refuse to cover the defective items. The dealer usually states that because of the aftermarket parts the warranty is void, without even attempting to determine whether the aftermarket part caused the problem.
This is illegal.
Vehicle manufacturers are not allowed to void the vehicle warranty just because aftermarket parts are on the vehicle. They must be able to prove that the aftermarket parts are indeed at fault. To better understand this problem it is best to know the differences between the two types of new car warranties and the two types of emission warranties.
When a vehicle is purchased new and the owner is protected against the faults that may occur by an expressed warranty - an offer by the manufacturer to assume the responsibility for problems with predetermined parts during a stated period of time. Beyond the expressed warranty, the vehicle manufacturer is often held responsible for further implied warranties. These state that a manufactured product should meet certain standards. However, in both cases, the mere presence of aftermarket parts doesn't void the warranty.
There are also two emission warranties (defect and performance) required under the clean air act. The defect warranty requires the manufacturer to produce a vehicle which, at the time of sale, is free of defects that would cause it to not meet the required emission levels for it's useful life as defined in the law. The performance warranty implies a vehicle must maintain certain levels of emission performance over it's useful life. If the vehicle fails to meet the performance warranty requirements, the manufacturer must make repairs at no cost to the owner, even if an aftermarket part is directly responsible for a warranty claim, the vehicle manufacturer cannot void the performance warranty. This protection is the result of a parts self - certification program developed by the Environmental Protection Agency (EPA) and the Specialty Equipment Market Association (SEMA).
In cases where such a failed aftermarket part is responsible for a warranty claim, the vehicle manufacturer must arrange a settlement with the part manufacturer, but by law the new - vehicle warranty is not voided.
Overall, the laws governing warranties are very clear. The only time a new vehicle warranty can be voided is if an aftermarket part has been installed and it can be proven that it is responsible for an emission warranty claim. However, a vehicle manufacturer or dealership cannot void a warranty simply because an an aftermarket equipment has been installed on a vehicle.
If a dealership denies a warranty claim and you think the claim falls under the rules explained above concerning the clean air act (such as an emission part failure), obtain a written explanation of the dealers refusal. Then follow the steps outlined in the owners manual. However, if this fails, then phone your complaint in to the EPA at (202) 233-9040 or (202) 326-9100.
If a dealer denies a warranty claim involving an implied or expressed new car warranty and you would like help, you can contact the Federal Trade Commission (FTC). The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, you can call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the online complaint form. The FTC enters Internet, telemarketing, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies worldwide.
 
Aftermarket parts are not covered under the motorcycle manufacturer's warranty. This is because they did not make it.
If a origonal equipment part fails because of an aftermarket part it also isn't covered. The aftermarket part is considered
or treated as abuse. However if the any parts not affected by the aftermarket part would still be covered by the manufacturer's warranty. Your aftermarket windscreen would not stop your bike being covered for an engine failure.
One thing to consider is that the manufacturer of the aftermarket part MAY be liable for any damage its part causes.


pirate.gif
Raider out.
P1565
 
It's not the dealership that makes the decision on a warranty claim, it's the manufacturer!
 
Aftermarket parts are not covered under the motorcycle manufacturer's warranty. This is because they did not make it.
If a origonal equipment part fails because of an aftermarket part it also isn't covered. The aftermarket part is considered
or treated as abuse. However if the any parts not affected by the aftermarket part would still be covered by the manufacturer's warranty. Your aftermarket windscreen would not stop your bike being covered for an engine failure.
One thing to consider is that the manufacturer of the aftermarket part MAY be liable for any damage its part causes.


pirate.gif
Raider out.
P1565
All of this is true however the burden of proof is on the dealer/(manufacturer)that their product was damaged by the use of the after market part. The point of this thread is that a dealer can not simply tell you that the warranty is void because for instance, you have a Yoshimura exhaust installed on your bike. Many car and motorcycle dealerships do this. This information can be shown to them upon saying so which probably will change their thinking. Especially since this is a federally involved issue.
 
Aftermarket parts are not covered under the motorcycle manufacturer's warranty. This is because they did not make it.
If a origonal equipment part fails because of an aftermarket part it also isn't covered. The aftermarket part is considered
or treated as abuse. However if the any parts not affected by the aftermarket part would still be covered by the manufacturer's warranty. Your aftermarket windscreen would not stop your bike being covered for an engine failure.
One thing to consider is that the manufacturer of the aftermarket part MAY be liable for any damage its part causes.


pirate.gif
Raider out.
P1565
All of this is true however the burden of proof is on the dealer/(manufacturer)that their product was damaged by the use of the after market part. The point of this thread is that a dealer can not simply tell you that the warranty is void because for instance, you have a Yoshimura exhaust installed on your bike. Many car and motorcycle dealerships do this. This information can be shown to them upon saying so which probably will change their thinking. Especially since this is a federally involved issue.
Burden of proof... this comes up a lot whenever the magnuson is trotted out like some Magical Trojan Horse.

Here's the thing. Are any of you attorneys? If no then you are going to have to hire an attorney and head to court to make any of this "burden of proof" worth anything more than words. So in essence it's completely worthless. By the time you hit the court, you are going to be into your attorney for a couple of grand, and then you'll likely be facing court costs. Then when the judge reviews your claim and asks you point blank if you're running a NON DOT approved and illegal exhaust system/intake/turbo etc on the streets in violation of federal and local laws what then? When he/she insinuates that when an OEM states very clearly that modifications will invalidate warranty that they mean it, what then?

You going to go to the Supreme Court? You going to call the AMA? What? It's a crock of poo.
flush.gif


Remember it's NOT the Dealership you'll be wrestling with, no it will be the OEM. Suzuki America, Honda NA, etc... Can they or should they invalidate your entire warranty? No, but they can sure as hell argue a case for engine failure as the result of improper tuning/crappy exhaust tuning, or heaven help you backyard exhaust tuning.

As a consumer it's important to keep your head and remember that as an individual we are not nearly as important as we like to think. Not to the company, not to the dealership, not to the after market, nor the courts.

And

Never forget that ALL of our lovely bolt on cans, full systems, and power commanders are illegal modifications. It provides all the manufacturers and easy out. You try to claim that this Scorpion exhaust killed your valves, they say "hey, it's race use only not designed for the streets"...
 
It's one thing to cite various pieces of legislation and say, "Such and such is illegal because congress passed the Magnuson-Moss Warranty Act". In actuality it is the case law surrounding matter that sets precedent for any legal question.

If you go to an lawyer or heaven forbid a courtroom and begin invoking various bits of legislation you'll be laughed right out of the building.

It seems to me that it is a bit irresponsible to give legal advice on a public forum when you clearly have no legal training whatsoever.
 
It's not the dealership that makes the decision on a warranty claim, it's the manufacturer!
Yup... when a local denies warranty, you ask for the factory rep....

also, the key here is "if the aftermarket part causes the failure" IE I put a pipe on my bike and blew the tranny.... Hmmmm so the extra horsepower overloaded the trans.... so sorry.....


A good relationship with your dealer (where you bought the bike) is most significant.. they can make or brake your day on this.. (is all judgment calls for the most part)
 
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