Aftermarket warranty issues

From: Shaun.Hendricks@bergenbrunswig.com
Date: Thu Aug 06 1998 - 14:29:03 EDT


will void warranties. Whilst out looking at some of that gear on the net I
came across this neat little diatribe by Gale Banks Engineering (the famous
Banks Turbo group: my father has a Cummins Turbo Diesel and these guys make
some great power kits for it). I'm quoting this directly so it is focused
towards Banks products, but the same should apply to any aftermarket gear.
Sorry to burden the list if y'all have seen this before.

"Vehicle WARRANTY and YOUR RIGHTS"

FEDERAL LAW: " In order to improve the adequacy of information available to
consumers, prevent deception, and improve competition in the marketing of
consumer products, any warrantor warranting a consumer product to a consumer
by means of a written warranty shall . . . fully and conspicuously disclose in
simple and readily understood language the terms and conditions of such
warranty. Such rules . . . require inclusion in the written warranty of any .
. . exceptions and exclusions from the terms of the warranty."

Magnuson-Moss warranty FederalTrade Commission Improvement Act, section
2302(a)

FANNING 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 dealership say that
installing aftermarket equipment automatically voids the warranty? This common
misconception has been repeated often enough to be widely believed even though
it is 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 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.

FACT: As of the 1997 model year, no properly installed equipment manufactured
by Gale Banks Engineering has ever voided any vehicle manufacturer's warranty.
To protect your investment, every Banks power product is covered by a Banks
Engineering warranty.

DODGE MOTORS: "Certain changes that you might make to your truck do not, by
themselves, void the warranties described in this booklet. Examples of some of
these changes are: installing non-Chrysler parts, components, or equipment''
1997 warranty Information supplement to Dodge Owner's Manual

FORD MOTOR COMPANY: "Installation of a non-genuine Ford item . . . does not,
in and of itself, render our warranty void." Ford Owner Relations Division

GENERAL MOTORS CORPORATION: "If a Chevrolet part fails due to a defect in
material or workmanship not related to {an aftermarket product} or the labor
to install it, Chevrolet would be responsible for covering the failed party,
 Chevrolet Customer Assistance Center

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 provisions 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 law. Direct complaints to the FTC at
(202) 326-3128.

BANKS' PROMISE No properly installed Banks equipment will void your vehicle
manufacturer's original warranty.
If you experience a problem with an uncooperative dealer, and you are the
original purchaser of Banks equipment, promptly call our Customer Service
representative at (818) 969-9605, weekdays between 8AM and 5PM, PST.
NOTE: Be sure that you call us before you allow any repairs to be performed.
If you let the dealer start any repairs, it may cost you the opportunity to
prove the true source of the problem, and you will likely be charged for work
that is under warranty. Our representative will contact the dealer to assist
you in fairly resolving the issue. We want to see that your rights are
protected.

In the unlikely event Banks equipment becomes an issue during your vehicle
manufacturer's warranty period, you have our promise that Banks will be there
for you. If a proper engineering analysis shows that Banks equipment damaged
parts of your engine during your vehicle's factory warranty period, and we are
notified before repairs are started, then Banks Engineering will cover the
affected parts and labor at the prevailing flat rate.

FACT: Although a problem caused by Banks equipment is not impossible, it is
extremely rare. Banks products are not only designed to make your engine run
stronger, but longer as well. We run a durability study as part of the
engineering of our power products to ensure that all Banks equipment adds to
engine life. If it doesn't, we don't build it ( you have to go to our
competitors for that] ) And, our company's product warranty assures you that
your Banks equipment itself is built to last.

The Bottom Line: You've got the right to improve your vehicle.

Shaun
Tustin, CA



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