Listen when you get the fuzzy dice let me know....maybe we can get a group discount....I'll add it to the signature....

 

markc has the best suggestions for mods!!

 

he actually may be the smartest of us all.

 

No matter what a dealer says, mere use of an aftermarket part does not void a warranty, period. The manufacturer must prove that use of the "unauthorized" part CAUSED the damage which brought you to the dealer for repair. A manufacturer’s warranty cannot be conditioned on the use of a ford part in this instance.

The section of the Magnuson-Moss Act which specifically addresses this issue is at 15 U.S.C. § 2302(c), which states:

“No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's 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;”

In addition, the Federal Trade Commission adopted regulations interpreting and explaining the Act, which appears at 16 CFR Part 700.10, § 102(c), and it says:

“No warrantor may condition the continued validity of a warranty on the use of only authorized repair service and/or authorized replacement parts for non-warranty service and maintenance. For example, provisions such as, 'This warranty is void if service is performed by anyone other than an authorized "ABC" dealer and all replacement parts must be genuine "ABC" parts,' and the like, are prohibited where the service or parts are not covered by the warranty. These provisions violate the Act in two ways. First, they violate the section 102 (c) ban against tying arrangements. Second, such provisions are deceptive under section 110 of the Act, because a warrantor cannot, as a matter of law, avoid liability under a written warranty where a defect is unrelated to the use by a consumer of "unauthorized" articles or service. This does not preclude a warrantor from expressly excluding liability for defects or damage caused by such "unauthorized" articles or service; nor does it preclude the warrantor from denying liability where the warrantor can demonstrate that the defect or damage was so caused.”
- - - - - - - - -

Thus, once and for all, under the law in effect in all 50 states, an automobile warranty is only made inapplicable if the manufacturer can prove that the aftermarket part was the cause of the defect or damage to the truck.

The burden of proof is on the manufacturer to show the connection between the use of the “unauthorized” part and the resultant damage. The truck owner does not have the burden to prove anything.

 

That's what the law says...just be advised, you may catch your dealer on a good day to where they'll let things that shouldn't be warrantied slide. Or you may catch them with a bad 126 report, where if you come in saying warranty, they won't give you the time of day.

 

good point Q.

Best to go to the dealer armed with a good working knowledge of your rights and be prepared to cite them to dealers who might be fishing to see how well informed this truck owner really is. If they know up front that you are well versed, the tendency to push back and deny warranty service goes down it seems.

 

My service writer basically told me this: "The warranty is voided on the part that you have replaced with the aftermarket part. Also the warranty is voided if the aftermarket part is what caused the problem, either by the installation of that part, stripping a bolt out while installing, or the part itself, causing the failure of the factory part." I only asked my service writer this question because I was inquiring about Ford Motor Sports cold air intake kit.

 

thanks for that one.. that's funny!