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So, you buy a new vehicle and you’re interested in installing an aftermarket exhaust system, suspension lift kit, maybe a cold air intake or larger tires and wheels. The dealership where you purchased your vehicle tells you that if you install the parts yourself or have someone other than the dealership install it, it will VOID your vehicles warranty. This is a BIG, FAT LIE. Have no fear. Texas Tire Sales in Weatherford, TX is here to give you the TRUTH and provide you with information regarding the Magnuson-Moss Warranty Act, which protects consumers from being wrongfully denied warranty coverage when they customize a car, truck, SUV or any vehicle really.
Do I have to use the dealer where I purchased my vehicle for repairs, maintenance and/or installation of aftermarket parts in order to keep my warranty in effect?
We get this question all of the time and the answer is No. If your dealer tells you that your warranty will be void if they don't install the parts and/or perform all work done on your vehicle, make them put it in writing. Actually, you can do all of the repairs, maintenance and install aftermarket parts for yourself and yes, you can also hire an independent mechanic or any retail shop. In fact, the Magnuson-Moss Warranty Act, which is enforced by the FTC (Federal Trade Commission), makes it ILLEGAL for manufacturers or dealers to claim your warranty is void, or deny coverage under your warranty simply because someone other than the dealer did the work. That being said, the manufacturer or dealer can, however, require you to use specific repair facilities if the repair services are provided to consumers free of charge under the manufacturer's warranty and you cannot take your car anywhere other than the dealership for any work that would or should be covered under the vehicle's warranty.
Will installing aftermarket parts or recycled parts void my vehicle's warranty?
If you’re an auto fanatic, chances are, you’ve heard the MYTH that modifying your car or truck with aftermarket accessories, installing reconditioned parts (parts made by a company other than the vehicle manufacturer or the original equipment manufacturer) automatically voids your warranty. While this may be true in some situations, you should not take this as an unconditional truth.
Example: If you install aftermarket windshield wipers and the windshield wiper motors fails, your vehicle’s warranty claim can’t be denied because you installed windshield wipers that are not OEM (Original Equipment Manufacturer) parts. Likewise, if a ball joint fails or a serpentine belt breaks and you have an aftermarket lift kit installed, the dealership would have to prove the lift kit caused the ball joint failure or the serpentine belt to break in order to deny a warranty claim. In these types of scenarios, the dealership should have no reason to deny your claims.
According to the Magnuson-Moss Warranty Act and the Federal Trade Commission, a vehicle manufacturer cannot void the warranty of your vehicle due to installation of an aftermarket part unless they can prove that the aftermarket part was the cause of or contributed to the malfunction of the vehicle (15 U.S.C. 2302 (C)). This means that a vehicle's warranty cannot be "voided;" the dealer can only deny a claim if the stock part failed due to damage or unreasonable use. That being said, if it turns out that an aftermarket or recycled part was itself defective or was installed incorrectly, and said part causes damage to another part that is covered under the vehicle's warranty, the manufacturer or dealer does have the right to refuse coverage for that part and charge you for any repairs. The FTC says that the manufacturer or dealer must PROVE that the aftermarket or recycled part caused the need for repairs before denying any warranty coverage.
SEMA (Specialty Equipment Market Association) In addition to the protection provided under the Magnuson-Moss Warranty Act, SEMA is also working to defend your right to modify your ride. SEMA represents U.S. aftermarket wholesalers, retailers, distributors and manufacturers. They work to keep car manufacturers and dealers in check by supporting legislation that prevents dealership service providers from denying warranty coverage.
The SEMA Show, held annually in Las Vegas, is the premier automotive specialty products trade event in the world. It showcases the industry’s hottest products. As part of the AAIW (Automotive Aftermarket Industry Week), the SEMA Show attracts more than 100,000 industry leaders from more than 100 countries for unlimited profit opportunities in the automotive, truck and SUV, power sports, and RV markets. The 2015 SEMA Show drew more than 60,000 domestic and international buyers. As a result, many dealerships have become a little more flexible when it comes to installation of aftermarket parts that alter the performance and/or suspension. If dealerships or manufacturers could legitimately void warranties due to aftermarket parts being installed by anyone other than the dealer, all of these companies would be out of business.
At Texas Tire Sales in Weatherford TX, we sell only parts and accessories from reputable brands that thoroughly test their products to ensure your vehicle remains safe. Most of our aftermarket and performance parts are bolt-ons, which give good performance gains without requiring major modification. In all reality, we sell and install many of the exact same brand name parts that your dealership offers and we install them precisely the same way... according to the manufacturer's instructions, specifications and tolerances. You shouldn’t have any problems due to installation of the parts we sell. But, here are a few pointers to avoid some possible complications.
Read your warranty. Often bundled with your owner's manual, the warranty gives a general description and specific details about your coverage. If you have misplaced your owner's manual, look for it online. Check the "Owners" section of your manufacturer's website.
Educate yourself. Understand that all aftermarket parts are not created equally. Understand the modifications and parts you’re installing or having installed and by all means, if the part or its installation is beyond your mechanical ability, have the professionals here at Texas Tire Sales install it for you.
Service your car according to the manufacturer's recommendations. This is a good idea in any case. But for the sake of keeping your warranty intact follow the details in your owner's manual.
Maintain all of your service records and receipts, no matter who performs the service. This includes everything from oil changes, tire rotations, belt replacement to new brake pads, and even state inspections. If you ever have a warranty claim and it appears that you did not maintain your vehicle properly, your claim could be denied.
File a Complaint. If you think a dealer's service advisor denied your warranty claim unfairly, speak with a supervisor. If you can't get satisfaction, contact the manufacturer or go to another dealer as they will vary in how they handle warranty claims. If your dealer denies a valid claim or threatens that you must have the dealer install your parts or it will VOID your warranty, You may want to file a complaint with the State Attorney General, local consumer protection office, or the FTC.
Make them prove it. No dealership wants to create or deal with a very angry customer. If they don’t want to cover your claim, simply ask them to prove what caused the failure and get it in writing. Remember, legally, you’re protected under the Magnuson-Moss Act.
US Code - Title 15, Chapter 50, Sections 2301-2312
Table of Contents
15 U.S. Code § 2301 provides the following for the purposes of this chapter:
15 U.S. Code § 2302 provides the following for the purposes of this chapter:
(a) Full and conspicuous disclosure of terms and conditions; additional requirements for contents In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others:
(b) Availability of terms to consumer; manner and form for presentation and display of information; duration; extension of period for written warranty or service contract.
(c) Prohibition on conditions for written or implied warranty; waiver by Commission 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; except that the prohibition of this subsection may be waived by the Commission if -
(d) Incorporation by reference of detailed substantive warranty provisions The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties.
(e) Applicability to consumer products costing more than $5 The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5.
15 U.S. Code § 2303 provides the following for the purposes of this chapter:
(a) Full (statement of duration) or limited warranty Any warrantor warranting a consumer product by means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section:
(b) Applicability of requirements, standards, etc., to representations or statements of customer satisfaction This section and sections 2302 and 2304 of this title shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations.
(c) Exemptions by Commission In addition to exercising the authority pertaining to disclosure granted in section 2302 of this title, the Commission may by rule determine when a written warranty does not have to be designated either ''full (statement of duration)'' or ''limited'' in accordance with this section.
(d) Applicability to consumer products costing more than $10 and not designated as full warranties The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated "full (statement of duration) warranties".
15 U.S. Code § 2304 provides the following for the purposes of this chapter:
(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 -
(b) Duties and conditions imposed on consumer by warrantor
(c) Waiver of standards: The performance of the duties under subsection (a) of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).
(d) Remedy without charge For purposes of this section and of section 2302(c) of this title, the term ''without charge'' means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) of this section to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor.
(e) Incorporation of standards to products designated with full warranty for purposes of judicial actions If a supplier designates a warranty applicable to a consumer product as a ''full (statement of duration)'' warranty, then the warranty on such product shall, for purposes of any action under section 2310(d) of this title or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section.
15 U.S. Code § 2305 provides the following for the purposes of this chapter:
Nothing in this chapter shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated.
15 U.S. Code § 2306 provides the following for the purposes of this chapter:
(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.
15 U.S. Code § 2307 provides the following for the purposes of this chapter:
Nothing in this chapter shall be construed to prevent any warrantor from designating representatives to perform duties under the written or implied warranty: Provided, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a co-warrantor.
15 U.S. Code § 2308 provides the following for the purposes of this chapter:
(a) Restrictions on disclaimers or modifications No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if
(b) Limitation on duration For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
(c) Effectiveness of disclaimers, modifications, or limitations A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.
15 U.S. Code § 2309 provides the following for the purposes of this chapter:
(a) Oral presentation Any rule prescribed under this chapter shall be prescribed in accordance with section 553 of title 5; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 57a(e) of this title in the same manner as rules prescribed under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of this title shall not apply.
(b) Warranties and warranty practices involved in sale of used motor vehicles The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.
15 U.S. Code § 2310 provides the following for the purposes of this chapter:
(a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures
(b) Prohibited acts It shall be a violation of section 45(a)(1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule thereunder) or to violate any prohibition contained in this chapter (or a rule thereunder).
(c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions
(d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims
(e) Class actions; conditions; procedures applicable No action (other than a class action or an action respecting a warranty to which subsection (a)(3) of this section applies) may be brought under subsection (d) of this section for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) of this section applies) brought under subsection (d) of this section for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure.
(f) Warrantors subject to enforcement of remedies For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person.
15 U.S. Code § 2311 provides the following for the purposes of this chapter:
(a) Federal Trade Commission Act and Federal Seed Act
(b) Rights, remedies, and liabilities
(c) State warranty laws
(d) Other Federal warranty laws This chapter (other than section 2302(c) of this title) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter.
15 U.S. Code § 2312 provides the following for the purposes of this chapter:
(a) Effective date of chapter Except as provided in subsection (b) of this section, this chapter shall take effect 6 months after January 4, 1975, but shall not apply to consumer products manufactured prior to such date.
(b) Effective date of section 2302(a) Section 2302(a) of this title shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this chapter.
(c) Promulgation of rules The Commission shall promulgate rules for initial implementation of this chapter as soon as possible after January 4, 1975, but in no event later than one year after such date.
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