
| New Vehicle Warranties And Your Rights No high quality after-market part or accessory that is properly installed on your vehicle will entirely void your original vehicle manufacturers warranty. According to the provisions in the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, It is the dealership's responsibility to prove that your modification directly caused or affected the failure you are trying to resolve. With that said, some dealerships are more performance-oriented than others and are more willing to work with customers. The easiest way to avoid a problem is to remove your upgrade prior to a dealer visit. Warranty-related materials, published by the new vehicle manufacturers, state that the installation of after-market parts have no effect on the warranty unless such equipment causes the problem that leads to the warranty claim. Nonetheless, some dealers have improperly denied warranty claims even though the claim had nothing to do with after-market parts. As an example, just because you install an exhaust system, your suspension failure warranty claim cannot be denied. If you experience a problem with an uncooperative dealership, point out the provisions of the this "FEDERAL ACT". For more information call your vehicle manufacturer or click on the link above to go directly to the Federal Trade Commission's website to find out more about this law. Federal Warranty Laws 1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C)) This federal law regulates warranties for the protection of consumers. The essence of the law concerning after-market auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle maker's brand) unless the parts or service are provided free of charge. The law means that the use of an after-market part alone is not cause for denying the warranty. However, the law's protection does not extend to after-market parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part: No warranter of a consumer product may condition his written or implied warranty of such product on the consumers 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... (15 U.S.C. 2302(C)). 2. Clean Air Act Warranty Provisions (42 U.S.C. S 7541 (C) (3) (B)) The federal Clean Air Act requires vehicle makers to provide two emissions-related warranties -- a production warranty and a performance warranty. The production warranty requires the vehicle maker to warrant that the vehicle is designed, built and equipped so that it conforms with emissions requirements at the time of sale. The performance warranty requires the vehicle maker to warrant that the vehicle will comply with applicable emissions requirements as tested under state vehicle emissions inspection programs for the warranty periods specified in the law (for model year 1995 and later vehicles, the warranty is 2 years/24,000 miles for all emissions-related parts and 8 years/80,000 miles for the catalytic converter, electronic emissions control unit and on-board diagnostic device). The performance warranty is conditioned on the vehicle being properly maintained and operated. Like the Magnuson-Moss Act, vehicle manufacturers may not refuse warranty repairs under the Clean Air Acts performance and defect warranties merely because after-market parts have been installed on the vehicle. The only circumstance under which the vehicle manufacturer can void the emissions warranties is if an after-market part is responsible for (causes) the warranty claim. Is there even more information available to me? Yes, SEMA, the Specialty Equipment Market Association, has extensive information about this issue. Click on the this Warranty Denied Link for starters.... SEMA also keeps track of illegal / unethical practices by dealers regarding this area. If you should have to go to court or to arbitration to settle your warranty complaint, contact SEMA with the details. What else can I do? In large cities, there are always other dealers you can do business with. It's a good idea to find out about the most cooperative performance-oriented dealer available to you by checking with clubs, local groups, etc. If you live in smaller communities, make sure that an uncooperative dealer knows that they are giving you plenty of reason to take you business elsewhere. If you should have to do that, write the "manufacturer" to tell them that their dealer's activities have caused you to buy from another car company! |

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