This subject has appeared here before, but for the benefit of the newer folks here, I thought I would post this info again.

Ever had a dealer tell you installing an aftermarket part will void your warranty?

Ever had a dealer tell you that not using HD brand oil in your bike will void the warranty?

Here's a brief answer to those questions. If you want more in-depth detail, Google "Magnuson-Moss Warranty Act".

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Don't let the dealer pull your chain. The Magnuson-Moss Warranty Act is a 1975 United States federal law and is the federal statute that governs warranties on consumer products.

Under this law, the dealer has to PROVE that the non Harley part was responsible for causing a specific problem before they can deny warranty coverage on that specific problem. They can not blanket cancel your warranty.

This same law by the way, covers the case where a dealer tells you that not using HD Oils in you bike will void the warranty. Any manufacturer that insists that your warranty will be Voided unless you use their brand of consumables (like oil), is required by this law to furnish that consumable to you for FREE during the warranty period.

 

wow good info Charley. Thanks for that. I'm sure many others will find it useful.

MH

 

A dealer, or even the company, can choose not to honor their warranty for whatever reason they deem appropriate.

How far you choose to push the issue will dictate whether or not they change their mind or get away with it.

Magnuson-Moss is applied when you push an issue to court. Crying "magnuson-moss" at a dealer means about zilch unless you're in front of a judge.

Complete service records are a good defense against warranty denial.

Sorry, not trying to be a downer, just a realist.

 

^^^
Yep, that. I recently took my Audi in cause it completely cut out on me. They tried to say that the oil from my K&N was causing the MAF to malfunction and short the fuse to the ECU....which is BS. I pulled the MAF when I got home and it was clean as a whistle. What can I do? If I want to take it to court, I can, but as long as they say that my aftermarket product caused the failure, they won.
It really depends on how nice the dealer is and how far you want to push.

 

Yeah, Moco and dealers know that very few people are going to spend $8,000
in court costs pursuing a $800 warranty claim or to overcome a complete voiding
of the warranty.

Also, on ANY warranty, you need to read the fine print VERY closely because their
lawyers have been dealing with this for decades and warranties on many objects
have plenty of escape clauses.

Remember... NO WARRANTY PROVIDES UNLIMITED COVERAGE

As far as dealer mods go, the dealer can always say that you were aware that
the mods they were installing voided your warranty and that will always come
down to a you vs. them situation because you certainly are not going to get
a dealer to sign a notarized statement that the work they perform at your
request will NOT void your warranty and Moco can just sit back and say that
this is a private matter that does not involve them.

Is it right? No, it certainly isn't.. but that's the reality.

Have any doubt about this? Just do a forum search on "Medusa" and read about
how that fellow got screwed..

 

I just had a good friend of mine get his warranty canceled. His Nightster only has 2500 miles on it, and all mods including Bassani pipes, heavy breather, and remap were sold and done by the dealer. A few days after the work was done the bike started running hot and pinging like crazy. Long story short, he had it in the dealer 6 or 7 times, and each time they said it was fixed. But, yet each time he would ride the bike it would run hotter than hell, and ping. It is at the dealer now with a shot motor. The whole top end is trash. The dealer found a collasped oil line going into the oil pump. They called the factory rep, and .... you guessed it, they voided the warranty, and said he has to pay for a new motor to the tune of about $5k. They said the reason for his probl;ems was because of the aftermarket parts that were installed by the DEALER. Yet, that same dealer had the very same bike on their showroom floor for sale , being sold as new, with the very same mods done to it, with a full factory warranty. The MoCo found their out when they saw the aftermarket parts on the bike. And, of course we all know what the dealer is going to do about it. NADA! So, yes the warranty can be voided at anytime for using aftermarket parts on your bike. They WILL come up with some rediculous reason. Leaving you to hauil your *** down to a lawyer , and hand him your wallet. It can be fought, but it is a long road my friend. Anytime you have work done by the dealer involving aftermarket parts, you need to get something in writing saying that they (the dealer) will still honor your factory warranty if something should fail.

 

Charles - replace the K&N with the factory part and take it back in or to better yet if you can take it to another Audi dealer in the area.

late,
jason

 

My experience is that if you just mention the Magnuson-Moss Warranty Act, the dealer will quickly have a different attitude.

If not, there is no need to take it to court, just report the problem to consumer affairs, they will take the dealer to court if needed. Just like any other law that is violated, report it to the proper law enforcement, and let them do their job.

 

Here's the problem with your way of doing it. All Harley or the dealer has to say, is that the " Flux capacitor " went out because of the aftermarket part, and who is going to dispute that? Who in law enforcement is going to know what the hell they are talking about? And who in law enforcement is going top reall care enough to find out? And, if you want the dealer to clam up tighter than a Nunns habit, then just mention the Magnuson-Moss Act.

 

If some of you feel it's not worth fighting for, Oh Well. If Consumer Affairs doesn't work, there are many law firms that will take on these claims on a Contingency Fee Basis. The following AD may be from a California law firm, but the situation is not unique to CA.


Magnuson-Moss Warranty Act

You Are Protected

As a consumer, you are protected in several ways. While the California Lemon Law offers strong protection, it may not apply in all cases. For example, you may have purchased a car or motor home in California and had it delivered in Nevada or another state to save you from tax implications. Such purchases may not be eligible for protection under the state law. This is where the Magnuson-Moss Warranty Act comes into play. It is a federal statute that offers protection regardless of where the purchase was made in the United States. At the Law Office of Michael S. Humphries, we can help you get the federal protection to which you are entitled.
To learn more about how a consumer protection lawyer can help you, contact us at 562-493-0289 for a free initial consultation. Se habla Español.
The Magnuson-Moss Warranty Act provides consumers with specific rights, provided the manufacturer issued an express warranty with the product. Under the Act, the express warranty should fully disclose, using relatively simple and comprehensible language, all of the terms, and conditions of the warranty. Its overriding goal is to protect the consumer from ambiguous warranty language, while forcing manufacturers to honor the terms of their express or written warranties.
Magnuson-Moss Warranty Act 15 USCS 2304(a)(4)
If the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part. (as the case may be)…
The Law Office of Michael S. Humphries offers free initial consultations to consumers in Bellflower and throughout California, including Los Angeles, Riverside, and Long Beach. The majority of our cases are taken on a contingency fee arrangement with little or no cost to you. There is no risk in calling us to discuss your case. Contact Magnuson-Moss Warranty Act attorney at 562-493-0289.
We have dedicated our legal careers to consumer protection, and for more than 10 years, we have stood beside our clients to get them the results they are entitled to under the Magnuson-Moss Warranty Act. At the Law Office of Michael S. Humphries, we are willing to pursue your case as far as necessary to get you due compensation, and are not interested in stopping at the first minimal settlement offered. From settlement negotiations to trial, we will stand by your side.
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