What to do when warranty is Denied

[d_m_kolb]

The dealership can't say your warrenty is void because you added a CAI, or any other aftermarket part. Most dealerships say this either because they are stupid when it comes to federal law or there upset you didn't buy the aftermarket part from them. If they do claim you have voided your warrenty they are breaking Federal law. If this happens I have posted info below.I have listed phone numbers to call if this happens to anyone. The ferderal government will fix the problem once you have reported the problem to them.The way this works with voiding your warrenty is what ever you replace or change the warrenty on that part of the vehicle will be void. Ok here's a example. I changed the intake on my car to a CAI. I removed the intake tep sensor and moved it. I moved the MAF sensor and replaced the piping that the engine draws it's air supply in with. The only thing that the warrent is now void on is the CAI MAF and intake temp sensors.If the engine throws a rod through the block your warrenty can't be denied because you have a CAI on it. Only the parts you replaced or moved wont be covered.Hope this makes sense. Aftermarket vs. Factory WarrantyWhat You Don't Know Can Cost YouIn today's market, even the most ardent enthusiast might pause before making any performance modifications to a late-model, emission-controlled vehicle. One of the first considerations before "bolting-on" is the legality of any such modification.With the performance aftermarket industry working at flank speed to develop new emission-legal performance products, it should not be too long before owners of virtually any late-model performance vehicle will be able to purchase fully emission-legal performance products.The next major concern for anyone who has just plunked down $20 to $50K or more is: What will the addition of performance products do to the durability of my vehicle; and more importantly, will the addition of these products void my factory warranty?On the subject of durability, performance modifications that have been engineered to meet emission standards and used prudently should not effect the overall durability of your vehicle. To clarify this, an engine that was designed to make 300 horsepower is not likely to live as long at 400, but how often is the 400 horsepower actually utilized over, let's say, 100,000 miles? This, however, is driver related.Common sense would dictate that the addition of a performance exhaust system should not void the factory warranty on an air conditioning unit, but when it comes to the dealer's understanding of the law, common sense might not carry the day.To find answers to some of the warranty questions, we started our research with copies of the Magnuson Moss Warranty Act of 1987 which basically defines how a warranty should be written plus the definitions of full, limited and implied warranties.As we started plowing through piles of paperwork, we contacted the Specialty Equipment Market Association (SEMA) for legal information and found that great minds think alike. SEMA had, with the help of its lawyers, just completed a brief outline of consumer's rights with regards to the addition of aftermarket performance products.To some degree, the bottom line is good common sense. If you take a car into the service island with a tattle-tale boost gauge stuck at 10 psi over the rated boost pressure and a set of fried piston rings, things could be a little hectic. On the other hand, if you have made some fairly mild modifications, and a service advisor tells you that the warranty on your car is void, you have rights under the law; and as outlined in the sidebar, some phone numbers to call for help.Let's take a look at a few typical customer complaints, the dealer's response, and you rights under the law:Consumer: "I have a drivetrain problem."Dealer: "Warranty Denied! Aftermarket parts have been fitted."Law: The warranty is NOT void by the mere installation of aftermarket products. If the dealer insists on warranty denial, call the Federal Trade Commission at (202) 326-3128.Consumer: "The malfunction light comes on indicating a mass air-flow sensor failure."Dealer: "Warranty denied! An aftermarket exhaust system has been fitted."Law: The warranty cannot be denied on the mass air-flow sensor due to the installation of an aftermarket exhaust system. If the dealer insists on warranty denial, call the Environmental Protection Agency at (202) 382-2640.Almost everyone has heard that the mere installation and/or use of aftermarket parts will void a vehicle manufacturer's warranty. That claim appears to know no limitations and is heralded from coast to coast with no lack of certainty. In spite of having unbridled support, however, one basic problem remains: It's not true!In looking at the potential for violating a vehicle manufacturer's warranty, it is important to remember that there are a number of different types of warranties which come with a new vehicle.Express and Implied WarrantiesThe first is the warranty which is offered by the vehicle manufacturer. This is called an expressed warranty and is made by the manufacturer to assume responsibility for various things which might go wrong with the new vehicle during a stated period of time or before the vehicle has traveled a given distance.Beyond this, however, the manufacturer is also responsible for what are referred to as implied warranties. These are not written warranties, but they exist because it is felt that if a manufacturer produces and sells a product, that product should meet certain standards. These standards are the basis of implied warranties.Keep in mind, however, that with both expressed and implied warranties, there are circumstances where the manufacturer can be relieved of responsibility to make good on warranty claims.Emission WarrantiesThe warranties we discuss most often are emission warranties. These warranties are required by, and are a direct result of, the Clean Air Act. Each of these warranties provides the consumer with certain rights and imposes on the manufacturer certain obligations. However, as in the case with expressed and implied warranties, the manufacturer may not have to fulfill those obligations under all circumstances. These are times when the manufacturer's expressed, implied and emission warranties can be voided. Let's look at when that can, and cannot, happen.Defect WarrantyLooking first at the warranties required by the Clean Air Act, we find that there are really two warranties. The first warranty is called a defect warranty. This means the manufacturer is required to produce a vehicle which at the time of sale did not have any "defects" which would cause it to fail to meet the required emission levels for its "useful" life as defined by the law.A manufacturer can be held liable for this warranty when a "defect" has indeed been found. If, for example, the Environmental Protection Agency (EPA) found that a large number of a particular type of vehicle was failing to maintain proper emission levels, they might determine that the failure was the result of a defect in the vehicle.While it is unlikely, the vehicle manufacturer could seek to show that the reason for the vehicle's failure to meet emission standards is that all vehicles in question had been equipped with aftermarket parts - and those parts were responsible for the emission failure. If the vehicle manufacturer could prove his argument, it would be grounds to "void" the defect warranty.The manufacturer could not, however, seek to void the warranty merely because aftermarket equipment had been installed on the vehicle. The aftermarket equipment would have to directly relate to the emission failure to void the warranty.Performance WarrantyA second warranty required under the Clean Air Act is the performance warranty. Under this warranty the vehicle is required to maintain certain emission performance standards throughout its "useful" life. If the car fails to meet those requirements, the vehicle manufacturer is required to make repairs.Wh
at could void this warranty? The only circumstance under which the vehicle manufacturer may void the emission warranty is where the aftermarket part is responsible for the warranty claim. The vehicle manufacturer cannot void the warranty merely because aftermarket equipment has been installed on the vehicle.Protection Under the LawThe law relating to the other types of warranties is similar. Federal law, regulating to one extent or another, expressed and implied warranties is very clear: That warranties may not be conditioned upon the use of the manufacturer's parts or services unless those parts or services are provided free of charge. Therefore, the expressed and implied warranties cannot be voided merely because aftermarket parts are installed on a vehicle. The warranties can be voided only where the installation of an aftermarket part is DIRECTLY responsible for that failure which gives rise to the warranty claim.Knowledge Isn't EnoughJust knowing the law may not be enough. What happens if a vehicle dealer denies a warranty claim? If the claim is in reference to a part governed by the Clean Air Act and you believe the claim was improperly denied, a call to the EPA at (202) 382-2640 would be in order. The EPA maintains a staff who looks into situations where vehicle manufacturers have failed to honor warranty claims.If the failure to honor a claim involves the new warranty, and it appears that the vehicle dealer improperly denied the claim, the matter should be raised with the Federal Trade Commission (FTC) at (202) 326-3128. The FTC is responsible for monitoring compliance with the warranty law. Between these two federal agencies there should be sufficient authority to work out any warranty problems.In addition, SEMA monitors problems associated with warranty claims to ensure that vehicle dealers are not misrepresenting the law. Specialty Equipment Market Association (SEMA) (714) 396-0289.

[d_m_kolb]

The enclosed materials are intended to help you in the event you have a vehicle warranty claim denied in circumstances where an aftermarket product has been used.Steps to Take if Your Vehicle Warranty Claim is Denied The enclosed materials are intended to help you in the event you have a vehicle warranty claim denied in circumstances where an aftermarket product has been used. The information describes the law on vehicle warranties and will give you a sense of what is and is not an improper warranty denial. After reviewing this information, you will be aware of the steps to take to fight unlawful warranty denials. In many cases it will not be necessary to take all the steps outlined here because these disputes are often resolved at an early stage. What Does the Warranty Actually Say? Start by re-reading the warranty documents. Become familiar with what the documents actually say, not what you think they should say. If the language is confusing, get help in understanding what it really means. Look for specific items or circumstances that may or may not be covered. Determine if there is a process specified for resolving disputes. The Law Federal law sets forth requirements for warranties and contains a number of provisions to prevent vehicle manufacturers, dealers and others from unjustly denying warranty coverage. With regard to aftermarket parts, the gist of the law is that warranty coverage cannot be denied simply because such parts are present on the vehicle, or have been used. (see Attachment A for details). The warranty coverage can be denied only if the aftermarket part caused the malfunction or damage for which warranty coverage is sought. Disputes in this area usually boil down to arguments over facts and technical opinions, rather than arguments over interpretations of the law. Check Vehicle History Sometimes a malfunction in a new vehicle may be identified as a "pattern failure" -- a failure that is recognized as common to your make and model of vehicle. It may be a manufacturing defect which has become the subject of a government-mandated recall. You should check with another dealer, the vehicle manufacturer or an independent service provider--such as those listed below--to see if there are any Technical Service Bulletins (TSBs), "field fixes" or other service-related information for your vehicle which would indicate that the problem you are experiencing is a common one. In cases of government-mandated recalls, the dealer is obliged to notify you as a vehicle owner. However, you may check for yourself by calling the vehicle manufacturers 800 number, the EPA (for emissions systems issues) or the National Highway Traffic Safety Administration (NHTSA, for safety-related issues). EPA 202/233-9040 NHTSA 800/424-9393 Chiltons 610/964-4600 AllData 916/684-5200 Motor Publications 800/426-6897 American Automobile Manufacturers Association 313/872-4311 Japanese Automobile Manufacturers Association 202/296-8537 Determine the True Cause of the Problem If possible, attempt to independently verify the accuracy of the claims made by the dealership. The manufacturer of the aftermarket part may be helpful to you in providing a technical assessment of the problem. If there is a reasonable possibility that the aftermarket product caused the problem, it may be best to try to reach a compromise. If, however, it is clear that the aftermarket product is unrelated to the problem, you should attempt to gather as much information as possible to support your claim. Useful evidence might include photos, copies of relevant service information, records of prior repairs performed under warranty or the objective written opinion of a qualified third party (with relevant experience, accreditation, etc.). Try to Work it Out With the Dealer Once prepared with the appropriate support information and a basic understanding of the law, present the facts to the dealers service manager and make an effort to resolve the situation. Keep the discussion objective and professional. Make sure to take notes of any significant claims or explanations made by dealership personnel and try to obtain a written explanation if possible. If discussions with the service manager do not bring about a resolution, speak with the owner of the dealership. Many problems can be resolved at this level. If there is a known pattern failure which matches your problem, be sure to bring this to the dealers attention. The dealer is able to obtain reimbursement from the vehicle manufacturer under such circumstances. If there is no pattern failure, but other evidence that exists contradicts the dealers conclusion, be sure the dealer is made aware of it. Also explain that you are aware of your rights under EPAs emissions warranty and the Magnuson-Moss Warranty Act. Again, if there is a reasonable possibility that either the aftermarket product or its installation could be the cause of the problem, your best bet is to suggest a compromise with the dealer. In many cases, presenting an objective technical assessment and a basic understanding of the law will do the trick. However, if you believe that you are entitled to warranty service, but the dealer disagrees, you can take other steps to seek a resolution to the dispute. Get it in Writing If a dealership denies warranty coverage, they should be willing to do so in writing. Have the dealer describe the failure which is causing your problem AND how the dealer believes the aftermarket product installed is responsible for the problem. Keep an accurate log of all contacts and correspondence in addressing the warranty denial. Contact the Vehicle Manufacturers Zone Representative If a car manufacturer backs your warranty, and you have a dispute with the dealer about either service or coverage, contact the local manufacturers representative. This local or "zone" representative has the authority to adjust and make decisions about warranty service and repairs to satisfy customers. Some manufacturers are also willing to repair certain problems in specific models free of charge, even if the manufacturers warranty does not cover the problem. Ask the zone representative or the service manager whether there is such a policy. The procedure for contacting your zone representative is usually provided in your owners manual. This information can also be obtained from a dealer, or by calling the manufacturers customer service number, as listed in your owners manual. Present your case to the zone representative. Be sure to indicate how the dealer responded to your information, especially if dealership personnel were notably uncooperative, etc. Once again, be sure to get as much information in writing as you can; request that any determinations or actions which are promised by the zone representative be confirmed by a letter or a fax. Contact the Vehicle Manufacturer Directly You may find that contact with the zone representative does not resolve the matter. If you are still not satisfied, the next step is to contact the vehicle manufacturer directly. Most carmakers maintain a contact office or a special department that is responsible for dealing with warranty issues (see Attachment B ). Using the information you have gathered and any additional information you may have to supplement your case, forward a letter directly to the vehicle manufacturers customer service office (sometimes called "dispute resolution board" or something similar). Be sure to explain your situation in detail and in a logical, easy-to-understand manner. Provide as much detail as you can about your contacts with the dealer and the zone representative. Do not hesitate to state if you felt you were treated improperly or unfairly by either. The vehicle manufacturer will almost always respond to you with a letter; sometimes promptly, sometimes not. Again, be sure to retain all correspondence in case you need it for future use. Generally, the vehicle manufacturer has the greatest interest in ensuring your satisfaction; they want you to remain loyal to their brand. As such, they will likely make a good faith effort to resolve the issue
particularly if there is a known pattern of similar failures. If there is a request for any additional information, be sure to keep a record of what you send. If the manufacturer should still decide against you, make sure that their refusal letter provides an explanation of how they believe the aftermarket part caused the problem. Local Approaches You Can Try If you cannot get satisfaction from the dealer, the zone representative or the manufacturer, contact one or all of the following: Better Business Bureau State Attorney General Local Department of Motor Vehicles State Consumer Protection Office Many states also have county and city offices that intervene or mediate on behalf of individual consumers to resolve complaints. You also might consider using a dispute resolution organization to arbitrate your disagreement if you and the dealer are willing. Under the terms of many warranties, this may be a required first step before you can sue the dealer or manufacturer. Check your warranty to see if this is the case. If you bought the vehicle from a franchised dealer, you may be able to seek mediation through the Automotive Consumer Action Program (AUTOCAP). AUTOCAP is a dispute resolution program coordinated nationally by the National Automobile Dealers Association (NADA 800/252-6232), and sponsored through state and local dealer associations in many cities. Check with the dealer association in your area to see if they operate a mediation program. National Approaches You Can Try Since the manufacturers failure to honor the terms of the warranty may be a violation of federal law, you can pursue the issue with the appropriate federal agency. You can call or write the Federal Trade Commission (FTC) and ask for assistance on non-emission-related problems. Input from consumers is very important to the work of the FTC. These contacts with consumers are often the first indication of a problem in the marketplace and may provide initial evidence to begin an investigation. Although the agency cannot act to resolve individual problems, it can act when it sees a pattern of possible law violations. FTC, Washington, D.C.: 202/326-3128 The FTC also maintains regional offices to field consumer complaints. For the telephone number to one near you, see Attachment B. In the case of a problem with an emission-related component, the Environmental Protection Agency (EPA) is the organization to contact. A pamphlet published by the EPA on emissions warranty matters called "What You Should Know About Your Auto Emissions Warranty," can help explain your options. In essence, the EPA requires that you exhaust all of your options with the vehicle manufacturer before you contact the Agency. In all cases, you must correspond in with the EPA in writing. You must also provide copies of all correspondence with the dealer and manufacturer, as well as any independent evidence you may have that describes the cause of the problem. The better you are able to make your case that the aftermarket part was not the cause of the failure, the more likely you are to get EPAs help. The EPA is particularly interested in any evidence of a pattern failure being involved. Warranty Complaint Field Operations and Support Division (EN-397F) U.S. Environmental Protection Agency Washington, D.C. 20460 Telephone: 202/233-9040 or 202/233-9100 You can also call the Bureau of Consumer Protections Office of Consumer & Business Education at 202/326-3650. Final Steps The Magnuson-Moss Warranty Act may also be helpful. Under this federal law, you can sue on breach of express and implied warranties. The main point of interest here is that the Act says warranty coverage may not be conditioned upon the use of only the vehicle manufacturers parts unless the parts are provided free of charge. In other words, use of a non-carmaker product should not void your warranty unless it caused the problem. Obviously, litigation can involve considerable time and expense on your part. However, if the cost of the warranty claim is high enough, this may be an option to consider. Any such lawsuit or claim would have to be fought on the unique merits of the case and we recommend that you consider finding qualified legal counsel familiar with this area of law. In some cases, the filing of a lawsuit may encourage a settlement of the dispute. You should also be particularly aware of the fact that once you file a lawsuit or claim against the dealer or manufacturer, your vehicle and your documentation may become material evidence and may be subject to inspection and reviews in the lawsuit. You can also consider going to small claims court, where you can resolve disputes involving small amounts of money for a low cost. The clerk of your local small claims court can tell you how to file a suit and what the dollar limit is in your state. Again, this action will sometimes lead the parties to settle the dispute. No matter which steps you undertake, always approach the situation in a professional manner. Fits of anger, shouting, threats, and the like seldom accomplish anything other than aggravating the situation. The best strategy is to stay calm and tactfully demonstrate your knowledge of your rights and potential courses of action. In most cases, it will not be necessary to go through the entire process described here. What you will normally find is that you will be able to resolve your situation at a fairly early stage if you have the proper information in written form and you approach the issue in a calm, professional manner.

[Cidderiforous]

you mean I don't have to go throw bricks through their front window???

[Vibe Rater]

Do that too.

[MA-VIBE-FAN]

quote:The dealership can't say your warrenty is void because you added a CAI, or any other aftermarket part. Most dealerships say this either because they are stupid when it comes to federal law or there upset you didn't buy the aftermarket part from them. If they do claim you have voided your warrenty they are breaking Federal law. The way this works with voiding your warrenty is what ever you replace or change the warrenty on that part of the vehicle will be void. Ok here's a example. I changed the intake on my car to a CAI. I removed the intake tep sensor and moved it. I moved the MAF sensor and replaced the piping that the engine draws it's air supply in with. The only thing that the warrent is now void on is the CAI MAF and intake temp sensors.If the engine throws a rod through the block your warrenty can't be denied because you have a CAI on it. Only the parts you replaced or moved wont be covered. Actually, you post proves your assumptions incorrect.The dealer can say your warranty is invalid on any damage caused as the result of alteration or modification to the vehicle including the body, chasssis or components after the final assembly by GM. Right from your warranty book and also repeated several times in your two posts.In your examples, the warranty is void on any item your modified or on any damage they caused. Therefore a performance modification could cause an engine failure not to be covered.Most of the confussion is in the definition of "aftermarket part". At the SEMA site and in your posts, the references (Manguson-Moss) to the manufacturer being unable to void the waranty because of aftermarket parts means "parts" not "modifications". GM can't void you warranty for not using a non-GM oil filter (unless provided for no charge), but they can void the warranty if they feel the damage was caused by the non-GM oil filter. They can void the warranty if an aftermarket modification is made to the car. Again this is clearly seen in reading your warranty booklet, or the SEMA site, or even you posts.

[ragingfish]

Yeah, but it would be a long stretch to find proof that a CAI caused a piston to break or something...I would say that it would have to depend on the nature of the failure to be able to point blame at a mod...

[MA-VIBE-FAN]

quote:Yeah, but it would be a long stretch to find proof that a CAI caused a piston to break or something...I would say that it would have to depend on the nature of the failure to be able to point blame at a mod...Agree, but thats why I used the line 'a performance modification COULD casue a failue'.

[ken]

...

[cohocarl]

quote:The enclosed materials are intended to help you in the event you have a vehicle warranty claim denied in circumstances where an aftermarket product has been used. Derik, Thanks for the info in the event one of use should run into a problem. I think we have to look at it realistically though. This doesn't give us the right to go out and order a 400hp nitrous kit from Jegs, slap it on, grenade the motor and expect the warranty to cover any of it. Automakers need to stand behind their products, but by modifying it away from it's original design could lead to potentially not having warranty coverage if something goes wrong. (does that CAI maybe vibrate a little more, or cause corrosion due to more condensation in the intake that may damage an expensive MAF, or could that cat-back exhaust be not letting the cat heat up enough to clean itself out and clog up????) No, it's not likely that would happen, but ....

[ragingfish]

It's what we call the CYA policy. Simple as that!

[cohocarl]

quote:Well the Service guy cam out and looked at the car and said you voided your warranty because you do not have the OEM Rims on the car. This caused premature failure..Depends on the wheels...If the guy put on those 20" wide, 10" high, 0" backspace wheels, then I don't think the warranty should cover the damage. If the wheels he put on it were the correct size/offset, then there shouldn't be a problem.

[Nervous_Dog]

quote:...they can void the warranty if they feel the damage was caused by the non-GM oil filter.They cannot void your warranty that easily. It doesn't matter how GM "feels" about it. They have to PROVE the damage was caused by your modifications. That means they have to present evidence that clearly shows your piston went through the block because of your non-GM filter. You also are allowed to use "quality" aftermarket parts. Gm would have a hard time proving that AC Delco, Fram, Mobil, or K&N make poor quality parts.My last car was lowered with intake, exhaust, custom interior, rims, etc. I never had a problem after I mentioned the Manguson-Moss Act to the service writer.