Aftermarket air filters=no warranty?
#31
Originally posted by 01 XLT Sport
Unfortunately that is “not” true. The Magnuson-Moss act does NOT give you any rights to modify your vehicle in the sense you are modifying for performance. What it does do for you is to protect you as a consumer to buy replacement parts that meet the manufactures, Ford, specifications but protects your from Ford dictating to you what brand you can buy or force you to buy only there brand.
Unfortunately that is “not” true. The Magnuson-Moss act does NOT give you any rights to modify your vehicle in the sense you are modifying for performance. What it does do for you is to protect you as a consumer to buy replacement parts that meet the manufactures, Ford, specifications but protects your from Ford dictating to you what brand you can buy or force you to buy only there brand.
Mag-Moss makes no distinction between appearance and performance modifications to a vehicle. In fact, Mag-Moss makes no distinction in aftermarket parts at all. As far as the law is concerned, a wiper blade and a supercharger are equally protected--Regardless of what the modification is to the vehicle, if the modification was not responsible for the failure there is coverage.
The burden is on the party providing the warranty to prove the cause of the denial--not the consumer.
If you're treated otherwise, go to www.ftc.gov and file a complaint. Things will be settled in short order.
-Fatz
#32
Join Date: May 2004
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Some dealers are more generous than others...some dealers are stupider than others. A SVT dealer a friend of mine worked for would warranty Cobras with blown motors that still had the nitrous bottle in the trunk or big ol' nasty Vortech and ATI blowers hanging off them. Either return your vehicle to stock before you seek out warranty work, or fess up to the service manager and tell them what really happened. You might be surprised.
#33
Originally posted by MnFatz
Yes, it is--it is precisely true.
Mag-Moss makes no distinction between appearance and performance modifications to a vehicle. In fact, Mag-Moss makes no distinction in aftermarket parts at all. As far as the law is concerned, a wiper blade and a supercharger are equally protected--Regardless of what the modification is to the vehicle, if the modification was not responsible for the failure there is coverage.
The burden is on the party providing the warranty to prove the cause of the denial--not the consumer.
If you're treated otherwise, go to www.ftc.gov and file a complaint. Things will be settled in short order.
-Fatz
Yes, it is--it is precisely true.
Mag-Moss makes no distinction between appearance and performance modifications to a vehicle. In fact, Mag-Moss makes no distinction in aftermarket parts at all. As far as the law is concerned, a wiper blade and a supercharger are equally protected--Regardless of what the modification is to the vehicle, if the modification was not responsible for the failure there is coverage.
The burden is on the party providing the warranty to prove the cause of the denial--not the consumer.
If you're treated otherwise, go to www.ftc.gov and file a complaint. Things will be settled in short order.
-Fatz
Magnuson Moss Act
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 automobile dealership say that unless the dealer installs your aftermarket equipment you will automatically void your new car warranty? This common misconception has been repeated often enough to be widely believed – 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 done 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.
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 automobile dealership say that unless the dealer installs your aftermarket equipment you will automatically void your new car warranty? This common misconception has been repeated often enough to be widely believed – 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 done 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.
#34
Now, quoting from my Ford Warranty Guide I received when I bought my 2003 Lightning, here is what it states is NOT covered:
The following is a few things but not everything
Therefore, in black and white in your manual it “clearly” states to you, the consumer, you can NOT add aftermarket performance enhancing items to your vehicle and then expect Ford to honor the warranty.
Ford can deny warranty coverage legally and the “ACT” will do nothing for you since Ford will have the “ACT” on their side…
To many people are mislead about this act and think they can do what ever they wish. Truth is you can do what ever you wish, its your vehicle EXCEPT if you play YOU PAY…
And that my friends IS the truth about the “Magnuson Moss Act”…
The following is a few things but not everything
- Misusing the vehicle, such as driving over curbs, overloading, racing, or using the vehicle as a stationary power source.
– ALTERING or MODIFYING the vehicle – including the body, chassis or COMPONETS – after the vehicle leaves Ford’s control.
– ALTERING or MODIFYING the vehicle – including the body, chassis or COMPONETS – after the vehicle leaves Ford’s control.
Ford can deny warranty coverage legally and the “ACT” will do nothing for you since Ford will have the “ACT” on their side…
To many people are mislead about this act and think they can do what ever they wish. Truth is you can do what ever you wish, its your vehicle EXCEPT if you play YOU PAY…
And that my friends IS the truth about the “Magnuson Moss Act”…
#35
No, You're believing what you've been told; not the law.
Contractual language, no matter how precise, cannot supercede statute. In other words, you can't hold someone to a term that is illegal.
The language "ALTERING or MODIFYING the vehicle – including the body, chassis or COMPONETS – after the vehicle leaves Ford’s control" is a wonderful example of this because it is invalidated by Mag-Moss.
Often people are mislead about warranty language because of the inherent 'truth' about things written. The assumption is made because it is written, it must be true. This is the furthest thing from the truth.
The only way Ford can legally avoid their warranty is to prove a causal connection between the modification made, and the failure caused (Mag-Moss). The alternative is a simple Bad Faith execution of a contract lawsuit that brings punitive and exemplary damages into play. In other words, your local plaintiffs attorney won't be sueing for the $5000 car repair, He'll be suing for millions to help ensure the company will discontinue the unfair behaviour.
THAT my friends IS the truth about the Mag-Moss act. There's alot of mis-information on the internet; be careful out there!
-Fatz
Contractual language, no matter how precise, cannot supercede statute. In other words, you can't hold someone to a term that is illegal.
The language "ALTERING or MODIFYING the vehicle – including the body, chassis or COMPONETS – after the vehicle leaves Ford’s control" is a wonderful example of this because it is invalidated by Mag-Moss.
Often people are mislead about warranty language because of the inherent 'truth' about things written. The assumption is made because it is written, it must be true. This is the furthest thing from the truth.
The only way Ford can legally avoid their warranty is to prove a causal connection between the modification made, and the failure caused (Mag-Moss). The alternative is a simple Bad Faith execution of a contract lawsuit that brings punitive and exemplary damages into play. In other words, your local plaintiffs attorney won't be sueing for the $5000 car repair, He'll be suing for millions to help ensure the company will discontinue the unfair behaviour.
THAT my friends IS the truth about the Mag-Moss act. There's alot of mis-information on the internet; be careful out there!
-Fatz
#36
Originally posted by MnFatz
No, You're believing what you've been told; not the law.
There's alot of mis-information on the internet; be careful out there!
-Fatz
No, You're believing what you've been told; not the law.
There's alot of mis-information on the internet; be careful out there!
-Fatz
It has nothing to do with ”believing what I have been told and not the law” it is quite the opposite, as I stated before:
” 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.
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.
”NOT COVERED BY WARRANTY:
– ALTERING or MODIFYING the vehicle – including the body, chassis or COMPONETS – after the vehicle leaves Ford’s control.”
– ALTERING or MODIFYING the vehicle – including the body, chassis or COMPONETS – after the vehicle leaves Ford’s control.”
It amazes me how many people believe they can do what they want and think they have some kind of legal protection, or more unbelievable, how they think they can go and fight Ford on an issue and think they have any chance of winning a case with against the “big boys” only to find out what they thought was the law wasn’t due to ignorance and “believing” someone on a website.
The truth is this:
Alter or modify your vehicle at your own risk, understand ALL the fine print in your warranty as well as know, like the back of your hand, the local, state and federal laws as they may or may not apply to you. Bottom line, if you don’t have a boat load of cash and a team of highly skilled lawyers don’t start whining when your warranty is denied because of stupidity, it is YOUR responsibility to know what you can and can not do in order to maintain your warranty….
Last edited by 01 XLT Sport; 01-23-2005 at 03:31 PM.
#37
These are a few sections right from the Magnuson Moss Act
Note the underlined bold and italic print above which states in layman terms that IF Ford writes into their warranty no alterations and/or modifications can be done to the vehicle and if they are then what ever systems they affect will NOT be covered under warranty.
In other words the owner is chit out of luck and this act will NOT protect you since Ford is in their rights.
Section 2304. Federal minimum standards for warranties
(a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement. In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty –
(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty;
(a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement. In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty –
(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty;
In other words the owner is chit out of luck and this act will NOT protect you since Ford is in their rights.
#38
Another section from the Magnuson Moss Act
This section pretty much sums it up in which it states that as long as the manufacture writes their warranty for the ordinary person to understand the act will NOT help you. Since Ford’s warranty is quite clear ”No alterations or modifications” Ford is in the clear to void the part of the warranty the owner “may” have caused damage due to an aftermarket performance part.
Very simple…
Section 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty
(a) The Commission may prescribe by rule the manner and form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed.
(b) Nothing in this chapter shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language.
(a) The Commission may prescribe by rule the manner and form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed.
(b) Nothing in this chapter shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language.
Very simple…
#39
Originally posted by Tbird69
I asked a simple question and I'm getting nothing but stupid answers and hostility!!
I asked a simple question and I'm getting nothing but stupid answers and hostility!!
I had a 2/4 Belltech drop installed on a 99 QC Ram and with less than 3000 miles on the pioion bearing went out...it had nothing to do with the drop and infact there was a DSP for that problem on my truck. But low and behold the dealer refused to honor the warranty becaue it had been lowered. Well after fighting them and getting both my lawyer and Belltech (they really came to bat for me) involved they agreed very reluctantly to fix it. It would have taken about 5 hours to take the drop kit off and return it too stock....as i was I probably spent 20 hours fighting to have it fixxed (and a hell of a lot more stress).
#40
Originally posted by RamSS/T
I don't think the answers you were refering to were stupid at all....in fact I think if you take your truck in for a warranty claim with an aftermarket item or mod in place that is directly associated with the problem area you are STUPID.
I don't think the answers you were refering to were stupid at all....in fact I think if you take your truck in for a warranty claim with an aftermarket item or mod in place that is directly associated with the problem area you are STUPID.
Makes me wonder who is stupid!
#41
Join Date: May 2004
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Magnusson-Moss act aside, practically speaking in my experience, the only negatives in regards to warranty coverage I've ever seen were denied claims for mass air sensors, due to over oiling and contaminating the mass air sensor. Which is what the original topic of this post was, if I remember right.
#42
Originally posted by Tbird69
Sooo your saying that the first couple of posts at the start of this thread were intelligent, well thought out responses to the proposed question. Even in light of the MUCH more useful information that was posted after?
Makes me wonder who is stupid!
Sooo your saying that the first couple of posts at the start of this thread were intelligent, well thought out responses to the proposed question. Even in light of the MUCH more useful information that was posted after?
Makes me wonder who is stupid!
#43
Originally posted by Big SCrew
tbird, I don't know you, but by reading your posts I imagine you as an old woman with NO sense of humor. You probably work in some sort of low level office position where you must provide some sort of spin on otherwise exciting stuff. In other words, lighten up and have fun, you are MUCH too serious. It's a damn AIR FILTER! We're not discussing rocket science here!
tbird, I don't know you, but by reading your posts I imagine you as an old woman with NO sense of humor. You probably work in some sort of low level office position where you must provide some sort of spin on otherwise exciting stuff. In other words, lighten up and have fun, you are MUCH too serious. It's a damn AIR FILTER! We're not discussing rocket science here!
As for being too serious, there must have been some merit to my original post. Based on the information that's come out of it, 3 pages worth. If nothing else it's been used to start some conversation.
I mean seriously, if I were an old woman, would I be asking questions about performance upgrades?
#44
Originally posted by Tbird69
Sooo your saying that the first couple of posts at the start of this thread were intelligent, well thought out responses to the proposed question. Even in light of the MUCH more useful information that was posted after?
Makes me wonder who is stupid!
Sooo your saying that the first couple of posts at the start of this thread were intelligent, well thought out responses to the proposed question. Even in light of the MUCH more useful information that was posted after?
Makes me wonder who is stupid!
#45
With posting the entire letter, here is what K & N has to say about it.
http://knfilters.com/warrantyletter.htm
http://knfilters.com/warrantyletter.htm