Warranty issue/rules/laws.......anyone??
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Senior Member
Joined: Feb 2002
Posts: 478
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From: Charlotte NC
Warranty issue/rules/laws.......anyone??
I have an '01 with Transmission problems. I sometimes doesn't want to shift out of 1st gear. I found a Technical Service Bulletin stating that this is an issue with the Lightnings. Well, i brought the truck in to get it fixed and they won't fix it because I have a chip. Now, we all know this has NOTHING to do with the chip but i can't convince the dealer. They just "black list" the truck and move on. I KNOW there is a law out there stating that the dealership "has to prove beyond a resonable doubt that the chip (in the case) is what caused the failure to the transmission (again, in this case). Anyone have that law bookmarked? I can't find it.
I would have pulled the chip but then i would have had to pull all the other mods off. Might be what i'll have to do...
I would have pulled the chip but then i would have had to pull all the other mods off. Might be what i'll have to do...
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Joined: Apr 2002
Posts: 43
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From: Mesa, AZ
According to SEMA
Weedo,
I'd like to know what dealership to avoid.
From the SEMA site;
http://www.enjoythedrive.com/content/?id=7253
The Law
Federal law sets forth requirements for warranties and contains a number of provisions to prevent vehicle manufacturers, dealers and others fromunjustly denying warranty coverage. With regard to aftermarket parts, the gist of the law is that warranty coverage cannot be denied simply becausesuch parts are present on the vehicle, or have been used (See Attachment A for details).The warranty coverage can be denied only if the aftermarketpart caused the malfunction or damage for which warranty coverage is sought. Disputes in this area usually boil down to arguments over facts andtechnical opinions, rather than arguments over interpretations of the law.
Federal Warranty Laws
1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C))
This federal law regulates warranties for the protection of consumers. The essence of this law concerning aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle makers brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part:
“No warrantor of a consumer product may condition his written or implied warranty of such product on the consumers 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....” (15 U.S.C. 2302(C)).
I'd like to know what dealership to avoid.
From the SEMA site;
http://www.enjoythedrive.com/content/?id=7253
The Law
Federal law sets forth requirements for warranties and contains a number of provisions to prevent vehicle manufacturers, dealers and others fromunjustly denying warranty coverage. With regard to aftermarket parts, the gist of the law is that warranty coverage cannot be denied simply becausesuch parts are present on the vehicle, or have been used (See Attachment A for details).The warranty coverage can be denied only if the aftermarketpart caused the malfunction or damage for which warranty coverage is sought. Disputes in this area usually boil down to arguments over facts andtechnical opinions, rather than arguments over interpretations of the law.
Federal Warranty Laws
1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C))
This federal law regulates warranties for the protection of consumers. The essence of this law concerning aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle makers brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part:
“No warrantor of a consumer product may condition his written or implied warranty of such product on the consumers 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....” (15 U.S.C. 2302(C)).
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Senior Member
Joined: Feb 2002
Posts: 478
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From: Charlotte NC
Kipster
Beautiful!!! That's what i'm looking for!!!
As far as which dealer to avoid, avoid Five Star Ford like the plague!!!!!!
Earnhardt was great. I went for a drive with the guy, explained the whole situation, and that i had the parts in my sig. I explained how it has nothing to do with the issue that i'm having as others are having it to, shown in the Technical Service Bulletin. He agreed and said they'd fix it if i could make the problem happen while he was with me. It didn't happen so he tried to pull codes, no luck there either. So i tried Five Star to see if they would fix it regardless. Guess not. In fact, they wouldn't even let me talk to the "next level" to explain how they were nuts!!
Beautiful!!! That's what i'm looking for!!!
As far as which dealer to avoid, avoid Five Star Ford like the plague!!!!!!
Earnhardt was great. I went for a drive with the guy, explained the whole situation, and that i had the parts in my sig. I explained how it has nothing to do with the issue that i'm having as others are having it to, shown in the Technical Service Bulletin. He agreed and said they'd fix it if i could make the problem happen while he was with me. It didn't happen so he tried to pull codes, no luck there either. So i tried Five Star to see if they would fix it regardless. Guess not. In fact, they wouldn't even let me talk to the "next level" to explain how they were nuts!!