Quote:
Originally Posted by TrackRat
Contrary to Net WizDumb neither the dealer nor BMW NA need to prove anything other than the vehicle has been altered from the state it was sold in. That is specifically why the limited new vehicle warranty has clauses concerning "alterations", i.e. Mods. No manufacturer is going to be forced to warranty a vehicle that has been altered and is not in the form it was sold in.
And before the uninformed waive the Magnuson-Moss Act flag in your face, the MM Act states that you can use OE spec replacement parts. It does not state that a manufacturer must warranty an altered vehicle or a vehicle with Mods.
|
The courts I have worked with (not as an attorney but in a professional capacity) interpret the following to have the intent and purpose of placing a burden upon the warrantor to prove that the consumer and actions of the consumer directly caused the result in question.
"The federal minimum standards for full warranties are waived if the warrantor
can show that the problem associated with a warranted consumer product was caused by damage while in the possession of the consumer, or by unreasonable use, including a failure to provide reasonable and necessary maintenance."
This set precedence for courts to disallow warrantor claims that alteration (modding) of any particular part is sufficient cause
in and of itself to deny coverage. A direct correlation between the alteration and the damage or failure, must be established. This also offers protection against the age old practice of a warrantor denying coverage if the consumer failed to replace a part with an OEM or OEM recommended part. Used to be that Magnavox would deny your TV warranty of you did not use a Magnavox vacuum tube.