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(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 -
(1) the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and (2) the Commission finds that such a waiver is in the public interest. The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor. You only pay for the lawyer if you lose. I highly doubt a company would fight you if they knew you were going to win. They don't want to pay for their lawyers and your lawyer. I had this happen a little over a year ago. Settled out of court for the entire amount. |
Originally Posted by Rev.Vassago
I would sooner not go through the hassle.
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Hey man, to each is own. I've seen examples in manuals for things down to my atv's that require genuine parts or else it would void the warranty.
You go slap a big carb on your atv and take it to the dealer when it blows up and see what they say 8) Likewise, my friend putting a cold air intake on his Eclipse voided him of an engine rebuild. OEM is always cheap insurance, as stated above :) I'd have to see a side by side comparison though. If all it is is 1 screw hole away from being the oem Pete, I'd run it after my warranty. The difference of $60 would make me change my filters more often so I'd be back at square one :) |
Originally Posted by allan5oh
Originally Posted by Rev.Vassago
I would sooner not go through the hassle.
1. If the aftermarket part can void the warranty if the aftermarket part is proven to be responsible for the warranty claim. EXAMPLE: someone buys an aftermarket air filter, which allows large particles of dirt into the engine, causing engine failure. This is DIRECTLY out of the Magnuson Moss Warranty Act. 2. Aftermarket parts are legal to use only if they meet certain requirements. In fact, if they do not meet these requirements it is classified as "Emission-Control Tampering." Since the Clean Air Act of 1991, there is a $2500 fine to the owner of the vehicle, and others for tampering with emission sensitive parts. Some examples of emission sensitive parts are ignition systems, engine computers, chips, cams, throttle bodies, air filters, and certain exhaust components. They MUST meet OEM specifications, or they can void the warranty. Info source |
Somebody arrest the REv!!
He stole the words from my keyboard 8) 8) I have seen examples of acceptable aftermarket part items in my manual before for my Honda Accord. |
It is still up to the manufacturer to PROVE that the part caused the failure. They CANNOT simply point to the part and say "there's your problem".
If that ATV warranty states you MUST use their parts, then the warranty is essentially illegal. |
no its not illegal, jesus half the advice you give on this board is wrong, I hope people ask for a second opinion before trusting the guy on the internet
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Originally Posted by brian
no its not illegal, jesus half the advice you give on this board is wrong, I hope people ask for a second opinion before trusting the guy on the internet
I can provide more that say the exact same thing if you would like. |
Originally Posted by brian
no its not illegal, jesus half the advice you give on this board is wrong, I hope people ask for a second opinion before trusting the guy on the internet
I really think he trys to be like the real knowledgeable drivers on this site, but honestly he falls very short of likes of Yooper, Gman, Doctor Who, Twilight Flyer, Uturn, Solo, Littleman and Bandits Cousin. Just my opinion, Maybe thats a new thread we need? Vote on the most knowledgable poster on CAD? That would be hard for me to decide between Gman and Yooper. |
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