Quote:
Originally Posted by JimD
I will reply again that the "void the warranty" argument is essentially false. The law in the U. S. is that the provider is not responsible for damage to the car that you cause. If the source of the lack of functionality is not something you did, then they are obligated to honor the warranty. It is the federal law. It may be inconvenient to force a dealer to do things but the federal law is in place.
I would hate to be the dealer trying to explain how BMW parts bolted onto a BMW car caused the damage they did not want to cover under warranty. I think you are pretty safe.
I do not care for the "void the warranty" phrase because it sounds like there is some loophole the dealer can invoke to refuse to repair under warranty. There is none. Unless they can show you caused the damage they have to honor the warranty, regardless of what they think of your modifications. Not making the dealer cover damage you caused is just common sense to me.
Jim
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I agree, if the consumer caused the damage, then the manufacturer doesn't have to correct the problem.
Sorry to digress, but I feel compelled to write this again, as many people seem to not understand what the law provides, or what it protects. Many people think that they can do any modification they want to their car, and if a problem occurs, then the manufacturer must prove that that mod or part actually caused the damage, before they can void that portion of the warranty.
And if the manufacturer can't prove it, then they must repair it.
That belief is incorrect and far from the truth.
We've discussed the warranty and aftermarket parts questions on this forum ad-nauseam.
There are things one can do to their car that will void certain parts of their warranty. Adding any boost controller, piggy back, or ECU mod WILL void the engine portion of the warranty. That is clearly stated in the warranty information from BMW, which is a binding legal document. BMW doesn't have to prove anything in that case.
If you mod the suspension, that portion of warranty is void.
Mod the audio system, that portion is void.
Etc...
Voiding the whole vehicle warranty is not likely to happen unless you mod so extensively that you've modded nearly every system.
If one does do that, then all those parts and systems will be void of warranty as well, per the written warranty given to customers.
The law, namely the Magnusson-Moss warranty act, does NOT protect a consumer who violates the written warranty.
BMW does state that modifying the engine and/or it's controls will void the engine warranty. In this case BMW does not have to prove anything.
If the consumer modifies boost control of the ECU controlling the engine, then BMW can easily and legally deny warranty coverage. The explanation as to "why?" is in the written warranty. The warranty states that modifying parts and systems will void the warranty.
Mag-Moss protects consumers from having to buy brand specific maintenance items like air filters, spark plugs, tires, brake pads, etc...
This is part of the "tie in" provision of the warranty act.
If the manufacturer REQUIRES only their specific brand maintenance items in order to maintain warranty coverage, then they, the manufacturer, must then provide those items free of charge. In BMW's case, they do, as all maintenance parts and service are given free of charge for the duration of the 4yr/50K mile warranty.
Where the law can help an auto owner is when an owner does maintenance to their vehicle. For example, you need a new air filter. The manufacturer does not provide free replacement. The manufacturer can NOT require you to use only their brand of air filter. You can use any brand air filter that meets the requirements for an air filter in that application.
If the manufacturer/dealer wants to then deny warranty coverage of an intake part, claiming that you used product Y instead of product X, then they do have to prove that the product you used did in fact cause the damage.
It's unrealistic to expect the manufacturer to cover engine damage caused by running too much boost beyond the limits set from the factory. You were given warranty coverage to cover the vehicle as it was designed to operate. If you modify that vehicle to perform beyond it's factory built limits, then don't cry "foul" if your warranty coverage gets denied.
Well, you can cry if you want, but that wont' get it fixed either.
