E90Post
 


Extreme Powerhouse
 
BMW 3-Series (E90 E92) Forum > E90 / E92 / E93 3-series Technical Forums > Mechanical Maintenance: Break-in / Oil & Fluids / Servicing / Warranty > Magnuson–Moss and Aftermarket Warranties



Reply
 
Thread Tools Search this Thread
      04-12-2010, 05:24 PM   #1
fisherbln
Captain
12
Rep
859
Posts

Drives: 2007 335i Coupe
Join Date: Sep 2009
Location: USA

iTrader: (2)

Magnuson–Moss and Aftermarket Warranties

I haven't run into an issue with mine, but does the Magnuson–Moss Act apply to aftermarket warranties as well? I only ask because I noticed in the terms of mine it says that the warranty is void if any non-factory parts are used on the car (I'm paraphrasing).
Appreciate 0
      04-13-2010, 08:56 AM   #2
fisherbln
Captain
12
Rep
859
Posts

Drives: 2007 335i Coupe
Join Date: Sep 2009
Location: USA

iTrader: (2)

Quote:
Originally Posted by TrackRat View Post
The MM Act - if you read it completely, basically states that a manufacturer can't use tie-in sales for warranty purposes. What this means for instance is that you can buy an aftermarket oil filter, fuel filter, sparkplugs, muffler, etc. that is designed as a Direct OE Replacement Part that is intended to replace the genuine OE part and still retain your warranty. It does not mean that you can ALTER the vehicle by using parts that fit but were not designed to be an OE spec replacement part.

In other words if you decide you want to lower you car by changing to an aftermarket spring, this is not the same as buying an OE replacement spring and it can and in most cases will void your warranty because the new spring is intended to "alter" the vehicle from the way the vehicle was manufactured and sold. The MM Act does not make the manufacturer warranty an "altered" product in a form they never sold it. All the MM Act does is prevent a manufacturer from forcing consumers to buy OE replacement parts for the vehicle/product. If in fact the aftermarket OE spec part does cause a problem with the vehicle, then the car maker again is not responsible for warranty coverage but they would need to prove the OE spec part did in fact cause the issue.

For "altered" vehicles all the car company has to show is that the vehicle has been "altered", i.e. modded and that area of the warranty is no longer valid, i.e. it's voided or not honored. Only the section of the warranty that is impacted by the "alteration" is invalidated however so if you mod the suspension, the powertrain warranty is still good as long as that area of the vehicle was not impacted by the alterations to the suspension.

I do not provide legal advise so you should consult an attorney with any legal questions.
This only answers what I already know. I know how it applies to the manufacturer's warranty. My question is regarding third-party aftermarket warranties. Do the same rules apply to those warranties? If not I'm canceling the warranty as the last thing I need is them to void the whole warranty over something stupid (like aftermarket wheels).
Appreciate 0
      04-13-2010, 09:05 AM   #3
F32Fleet
Lieutenant General
F32Fleet's Avatar
United_States
3790
Rep
10,545
Posts

Drives: 2015 435i
Join Date: May 2005
Location: Southeastern US

iTrader: (0)

Quote:
Originally Posted by fisherbln View Post
This only answers what I already know. I know how it applies to the manufacturer's warranty. My question is regarding third-party aftermarket warranties. Do the same rules apply to those warranties? If not I'm canceling the warranty as the last thing I need is them to void the whole warranty over something stupid (like aftermarket wheels).
I would think all bets are off with 3rd party warranties. We'd need the exact verbiage in order to make the determination. Best case scenerio is that it's like the factory CPO warranty.
Appreciate 0
      04-13-2010, 10:21 AM   #4
fisherbln
Captain
12
Rep
859
Posts

Drives: 2007 335i Coupe
Join Date: Sep 2009
Location: USA

iTrader: (2)

Quote:
Originally Posted by TrackRat View Post
Most people do not know how the MM Act impacts any warranty. As stated by Socom - with a third party warranty you are probably SOL as most have very limited terms and may not be subject to the same terms as a product manufacturer. I doubt anyone can answer your question. A lawyer can argue any way they want in court but it doesn't mean that their view of the law will be supported in the decision. Unless you enjoy the cost and hassles of litigation, you might want to follow the warranty requirements. I'd get a decision from the third party warranty supplier - in writing - regarding aftermarket products such as wheels, etc.
That's what I feared. I just wanted to verify it. Thank you.
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 02:24 AM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST