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      07-29-2010, 09:44 PM   #36
ceb
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Quote:
Originally Posted by michifan View Post
That is not true. You are making that up. There is no special standard in the law for 'perforamnce parts'

A part is a part is a part. The burden of proof is always on the warrantor and there is no special treatment for what the part does.

The only question for the court is whether the modification caused the problem. Why or what that part did is completely irrelevant (excluding emissions which is a CAA issue).
I guess we'll have to disagree here. The manufacturer has the right to set requirements for replacement parts (just like BMW specifies LL-01 oils) and their burden of proof is lower when a part that does not meet requirements is used.

I guess we'll just continue to have different opinions - but it is really academic as it makes no real-world difference.
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