Magnusson-Moss Act

If a dealer refuses a warrantee claim because he claims that you have made modifications to your bike and that system is not where the problem lies, you should print this out and take him or her a copy. Only those systems that are directly affected by your modifications are affected.

This is a 1975 United States Federal Law which deals with consumer warranty coverage. It defines responsibilities for both the buyer and the seller of all consumer goods costing more than $25. A portion of this law applies to aftermarket parts and modifications and how it affects your vehicle warranty.

For our purposes the law basically states that you have a right to use aftermarket, non-OEM parts on your vehicle and still retain the factory warranty. However, if there is a failure and the manufacturer can show that the failure was caused by the aftermarket part, they can deny coverage.

The important thing is that your dealer cannot VOID your entire warranty just because the part is on the vehicle. There have been cases where a dealer would tell a customer that their new vehicle had no warranty because it had an aftermarket exhaust or other part. Granted, the exhaust or other part is not covered, however the rest of the vehicle is still under the normal warranty.

Under Magnusson-Moss Act a dealer must prove, not just vocalize, that aftermarket equipment caused the need for repairs before they can deny warranty coverage. If they cannot prove such claim-or offer an explanation- it is your legal right to demand compliance with the warranty. The Federal Trade Commission (202.326.3128) administers the Magnusson-Moss Act and monitors compliance with warranty law.

In large cities, there are always other dealers you can do business with. It's a good idea to find out about the most cooperative performance-oriented dealer available to you by checking with clubs, local groups, etc.

If you live in smaller communities, make sure that an uncooperative dealer knows that they are giving you plenty of reason to take you business elsewhere.

If you should have to do that, write the "manufacturer" to tell them that their dealer's activities have caused you to buy from another car company!



The bottom line is to talk to your dealer and get their feeling about aftermarket mods. Some dealers are more prone to be ok with it than others. Your option is to find a dealer that will work with you and not against you for their profit.

Here's a link that will explain it in further detail http://www.ftc.gov/bcp/conline/pubs/...s/warranty.htm

 

Warranty 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 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.

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 ofvehicle. 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), ìfieldfixes 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-relatedissues).

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 helpfulto you in providing a technical assessment of the problem. If there is a reasonable possibility that the aftermarket product caused the problem, it may bebest 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 asmuch 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 andmake an effort to resolve the situation. Keep the discussion objective and professional. Make sure to take notes of any significant claims orexplanations made by dealership personnel and try