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Discussion Starter #1
Because I'm getting tired of all of the newbs asking the same friggin' warranty questions because they're too lazy to read the sticky julian started for them here, in it's entirety, is the MAGNUSSON-MOSS ACT

The Magnusson Moss provisions are contained in Title 15 US Code Chapter 50 Section 2302 (c):

(c) 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 subsection may be waived by the Commission if -

(1) 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

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

The above section prohibits a warrantor from requiring use of purchased parts from the same source as the original equipment or some other specified source . It allows use of aftermarket purchased parts from other sources unless the Federal Trade Commission has granted to the warrantor a waiver of this section of the law.

The US Code of Federal Regulations provides additional guidance on warranties:

TITLE 16--COMMERCIAL PRACTICES
CHAPTER I--FEDERAL TRADE COMMISSION

PART 701--DISCLOSURE OF WRITTEN CONSUMER PRODUCT WARRANTY TERMS AND CONDITIONS--Table of Contents

Sec. 701.3 Written warranty terms.

(a) Any warrantor warranting to a consumer by means of a written warranty a consumer product actually costing the consumer more than $15.00 shall clearly and conspicuously disclose in a single document in simple and readily understood language, the following items of information:

(1) The identity of the party or parties to whom the written warranty is extended, if the enforceability of the written warranty is limited to the original consumer purchaser or is otherwise limited to persons other than every consumer owner during the term of the warranty;

(2) A clear description and identification of products, or parts, or characteristics, or components or properties covered by and where necessary for clarification, excluded from the warranty;

(3) A statement of what the warrantor will do in the event of a defect, malfunction or failure to conform with the written warranty, including the items or services the warrantor will pay for or provide, and, where necessary for clarification, those which the warrantor will not pay for or provide. (emphasis added)
 

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and you shoudl really point out that it means nothing unless you have the $$$ to afford a lawyer to take it to court. The whole point is . . . . take responsiblity for your mods. If you control arms crap out and you're lowered . . . . its YOUR fault. If your turbo blows and you're chipped . . . . its YOUR fault. If you mess with your wiring and start having electrical issues . . . . its YOUR fault.

The MM act really only applies when they try to blame stuff on other things like a broken timing belt due to an exhaust.

Dave
 

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Discussion Starter #3
crew217 said:
and you shoudl really point out that it means nothing unless you have the $$$ to afford a lawyer to take it to court. The whole point is . . . . take responsiblity for your mods. If you control arms crap out and you're lowered . . . . its YOUR fault. If your turbo blows and you're chipped . . . . its YOUR fault. If you mess with your wiring and start having electrical issues . . . . its YOUR fault.

The MM act really only applies when they try to blame stuff on other things like a broken timing belt due to an exhaust.

Dave
nope. i had an installer add a DVD player, 2 amps and a sub to the factory HK system in his brand new 328 (this was in 2000). his OEM navi unit died a few weeks later and BMW told him his warranty was now voided and to get his warranty reinstated he had to remove all of his aftermarket gear AND have BWM replace the wiring harness in the car to the tune of $10K. Guess who won that one? The simply could not prove that the work he did caused the navi to fail, because it didn't. you can mess with all the wiring you want and unless you REALLY screw something up they can't refuse the warranty.

Now, if you replace the speakers and run your own wiring from the HU to the speakers and that wiring gets pinched and the short causes the radio to go out, you pay. If you use the OEM wiring for the same thing and all you do is change the ends and it goes bad, they pay.
 

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always there to point out the exceptions :p
Although one might argue that the installer butchered the wiring harness and might have caused a short by mis-wiring it.

point being . . . mod responsibly (take resposibility for your actions)

Dave
 

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Discussion Starter #5
Dave - I agree that modding responsibly is the best way to go. The point of my post was to show that you can indeed do pretty much whatever you want. And trust me, if his work was questionable we'd have let him go. :wink:
 

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I believe whenever a warranty part is in question due to aftermarket modifications, the dealership is allowed to do whatever testing is necessary to prove that the aftermarket modification caused the malfunction. If it turns out that the malfunctioning part is caused by aftermarket mods, then not only is the warranty for the part denied, but the dealership can also charge the customer for all the testing that was done.
 

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I would caution people about using the MM Act to provide themselves a sense of false security. For one thing, as I understand it, the MM Act was written to protect aftermarket parts manufacturers, not consumers. For another thing, you'd have a much easier time convincing a Judge that you didn't do irreparable harm to your car by using an aftermarket oil filter than you would convincing them that you didn't do harm by adding 60 horsepower and 75 ft/lbs of torque. As for electrical systems, when you consider how complex these systems are getting, and the interrelatedness of them all, it appears to me that modifications to the electrical systems fall closer to the hp/torque analogy than to the oil filter analogy.

The simple fact of the matter is, if VW wants to deny your warranty claim, they will. You can fight it if you wish, but it will probably cost you more time, money, and energy than its worth.

Just MHO.

Kenny
 
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