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Warranty coverage

I ran across this posting on the internet. I thought I
would forward this to the digest, for informational
purposes only. It seems to be a frequent topic. Of
course I make no claim as to it's accuracy or complete-
ness, nor do I necessarily endorse it's "opinions". As
it says, consult with your own warranty manual.
 
- --
Rion Groh
European Motorsport (BMW Service and Repair Specialists)
2520-D Dominic Dr, Chico CA 95928
[email protected]
 
    ---------------------------------------------------------------
> There seems to be a lot of misunderstanding concerning a new car's warranty
> coverage, what your responsibilities are during that warranty period, and
> what will "void the warranty".
>
> You should get out your warranty manual and read it for yourself. I think
> you will find that it is not that hard to understand, and that there are
> provisions in there meant to protect you as a consumer as well as to
> (understandibly) protect the vehicle manufacturer.
>
> The following is how I (subjectively) interpreted some of these provisions.
> I make no claim to be a legal expert, so don't give this blind and
> unwavering credibility. Consult a legal expert (as you have guessed, this
> is my legal disclaimer).
>
> If you perform modifications to your car, contrary to what the manufacturer
> recommends, or you use a "non-genuine" part which subsequently fails, that
> modification or the part that failed will not be covered by the vehicle's
> warranty. If this type of failure or modification or even the lack of
> proper maintainance causes a failure in a related system in the vehicle,
> that system failure may not be covered, if it was caused by the primary
> failure. For example, if you use an "Iffy Lube Econo oil filter" and it
> blows up from an inherent design defect and you fry your engine because of
> this, the vehicle manufacturer can refuse to pay for replacement of the oil
> filter and the for replacement of the engine. If you were to file a lawsuit
> because the vehicle manufacturer refused to warrant the engine damage, the
> vehicle manufacturer would have the "burden of proof" to show that the first
> failure (which obviously was not their fault) caused, beyond reasonable
> doubt, the second failure. In this case, it would probably be easy for the
> vehicle manufacturer to do.
>
> What if you put aftermarket wheels on your car, would this void the entire
> vehicle warranty. Of course not. If those wheels caused subsequent damage
> or excessive wear to the steering linkages, say because they had excessive
> positive offset, then that damage or wear could be excluded from the
> vehicle manufacturer's coverage. That's very reasonable. But does that
> mean that your radio wouldn't be covered if it had a failure during the
> warranty period also. Of course not.
>
> What if the differential failed. Would the fact that those non-genuine
> wheels were put on the car affect the differential's coverage? Maybe.
> If the vehicle manufacturer can show that the use of those wheels caused
> or contributed to the differential's failure. The "burden of proof" lies
> with the warrantor. You don't have to prove that the wheels didn't cause
> the secondary failure, the vehicle manufacturer has to prove that they did.
>
> Another common misconception is that a vehicle covered under a new car
> warranty has to be serviced by "the Dealer". This is clearly not true. It
> is true that you are expected follow the manufacturer's maintainance
> requirements, but you are free to use any service facility, or you can
> even perform the servicing yourself, as long as you follow the
> manufacturer's specifications. You don't have to use "genuine" parts
> either, but you should use parts that at least conform the manufacturer's
> minimum specifications. Here again, the "burden of proof" lies with the
> warrantor if they refuse to honor a covered component. If you fail to
> perform the tri-annual coolant flush, and your water pump goes out after
> three and a half years, does that mean that it won't be covered? Maybe.
> If it can be established that the failure to perform the required
> maintenance caused or contributed to the component failure.
>
> There are certain other conditions that can affect your warranty coverage
> such as using the vehicle "off-road", commercially or in competitive
> events. Please keep in mind that is your responsibility to read and
> interpret the warranty terms and conditions for yourself, and that these
> coverages and conditions can vary from state to state. This entire inter-
> pretation is based on my opinion. You should get out your warranty manual
> to read and interpret your vehicle's warranty coverage for yourself, or
> better yet, interpret it with the help of a qualified legal professional,
> which I make no claim to be (another legal disclaimer).
>
> Jim Fergeson
> Los Angeles, CA