Is GM cracking down???

A buddy e-mailed this to me.

<TABLE width="100%" align=center><TBODY><TR><TD align=middle width="50%">Document ID# 1539945
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<HR>Warranty Admin. - Non-GM Parts and Accessories (Aftermarket) #04-06-04-054 - (Jul 28, 2004)

Non-GM Parts and Accessories (Aftermarket)
2005 and Prior Passenger Cars and Trucks

2005 and Prior HUMMER H2

The recent rise and expansion of companies selling non-GM parts and accessories has made it necessary to issue this reminder to dealers regarding GM's policy on the use and installation of these components.

When a dealer is performing a repair under the New Vehicle Limited Warranty, they are required to use only genuine GM or GM-approved parts and accessories. This applies to all warranty repairs, special policy repairs or any repairs paid for by GM. Parts and accessories advertised as being "the same" as parts manufactured by GM, but not sold through GM, do not qualify for use in warranty repairs, special policy repairs or any repairs paid for by GM.

During a warranty repair, if a GM original equipment part is not available through GMSPO, ACDelco® distributors, other GM dealers or approved sources, the dealer is to obtain comparable, non-GM parts and clearly indicate, in detail, on the repair order the circumstances surrounding why non-GM parts were used. The dealer must give customers written notice, prior to the sale or service, that such parts or accessories are not marketed or warranted by General Motors.

It should also be noted that dealers modifying new vehicles and installing equipment, parts and accessories obtained from sources not authorized by GM are responsible for complying with the National Traffic and Motor Vehicle Safety Act. Certain non-approved parts or assemblies, installed by the dealer or its agent not authorized by GM, may result in a change to the vehicle's design characteristics and may affect the vehicle's ability to conform to federal law. Dealers must fully understand that non-GM approved parts may not have been validated, tested or certified for use. This puts the dealer at risk for potential liability in the event of a part or vehicle failure. If a GM part failure occurs as the result of the installation or use on a non-GM approved part, the warranty will not be honored.

A good example of non-authorized modification of vehicles is the result of an ever increasing supply of after market devices available to the customer, which claim to increase the horsepower and torque of the Duramax™ Diesel Engines. These include the addition of, but are not limited to one or more of the following modifications:


Propane injection
Nitrous oxide injection
Additional modules (black boxes) that connect to the vehicle wiring systems
Revised engine calibrations downloaded for the engine control module
Calibration modules which connect to the vehicle diagnostic connector
Modification to the engine turbocharger waste gate
Although the installation of these devices, or modification of vehicle components, can increase engine horsepower and torque, they may also negatively affect the engine emissions, reliability and/or durability. In addition, other powertrain components, such as transmissions, universal joints, drive shafts, and front/rear axle components, can be stressed beyond design safety limits by the installation of these devices.

General Motors does not support or endorse the use of devices or modifications that, when installed, increase the engine horsepower and torque.

These same policies apply as they relate to the use of non-GM accessories. Damage or failure from the use or installation of a non-GM accessory will not be covered under warranty. Failure resulting from the alteration or modification of the vehicle, including the cutting, welding or disconnecting of the vehicle's original equipment parts and components will void the warranty.

Additionally, dealers will NOT be reimbursed or compensated by GM in the event of any legal inquiry at either the local, state or federal level that results from the alteration or modification of a vehicle using non-GM approved parts or accessories.

Dealers should be especially cautious of accessory companies that claim the installation of their product will not void the factory warranty. Many times these companies have even given direction on how to quickly disassemble the accessory in an attempt to preclude the manufacturer from finding out that is has been installed.

Any suspect repairs should be reviewed by the Area Service Manager (District Service Manager in Canada) for appropriate repair direction. If it is decided that a goodwill repair is to be made on the vehicle, even with the installation of such non-GM approved components, the customer is to be made aware of General Motors position on this issue and is to sign the appropriate goodwill documentation required by General Motors.

It is imperative for dealers to understand that by installing such devices, they are jeopardizing not only the warranty coverage, but also the performance and reliability of the customer's vehicle.

I've seen that before too...Thats why its best to remove all that stuff when going in. That doc is nearly 7 months old already so I would hope that the dealers have seen it.

Shhhhhhhhhhhhhhhhhhh.

Less a "crack down" than a reminder. We owners need to bear in mind that any modification, especially power increases, may lead to failures directly related to the modification. These failures are not covered by the warranty. But, on the other hand, the mere presence of such devices alone cannot form the basis of a warranty claim rejection. They must be a cause of the failure. Nevertheless, demaxallitech's advice is, as always, correct. Dealers are no more required to be honest in honoring warranty claims than they are when giving you their best price in sales negotiations. If you show up with your Juice installed to have a burned out wiper motor replaced you can bet your ass they will find some way of blaming the module for the problem.

TC

Do u think a full exhaust would be a problem?

Do u think a full exhaust would be a problem?

It would be a problem to the warranty on the original exhaust.

:eek:

are they gonna be upset about me removing the muffler if i have engine problem or injector failure ?

i would not think that these would creat a problem as a mufler would not come on the vehicle if everyone like the sound with out them. i don't think it is a performance issue and i really don't think any dealer would say anything about it. but gm on the other hand....well we won't go there.

The Magnuson Moss act states that an automotive repair dealer cannot deny a warranty claim if you have aftermarket parts installed unless they can prove beyond any reasonable doubt that the aftermarket add on caused the failure.
I just had my d-max in the shop for a replacement of the Brake Control Module (ABS light was on) also had the low tone horn replaced all under warranty and I have a mirriad of power adders on the truck tripple gauge pod edge with monitor ATS exhaust AFE intake I mean it flaunts the aftermarket and the just went about their buisiness and had it back to me within 1 hr. I also have the injector warranty to 200K and that will get done when its my time too. The injector failure is a well known problem and they wont deny it as it is not directly linked to the aftermarket add ons.
660

The magnuson moss act was created for things like aftermarket oil filters, air filters and other things that do not alter the vehicle to operate out of the specs the manufacturer has set. I dont want to start a flame war or some battle, but in reality any programmer or power adder could deny you of your injecotrs. The addition of something like the Edge puts more fuel through the injectors than they were orginally desinged for. Just for a stupid number sake, lets say the injectors are set to have a life expectancy of 50,000 gallons of fuel flow, over a 200,000 mile time on the stock program. Now you add the edge and you put that 50,000 gallons of fuel through those injectors in 100,000-150,000 miles, do you think that would be hard for GM to prove that point?

I personally dont care and have installed some injectors on things i know had the edge (that was removed at the time and trust me no one is falling for the "I just like having the EGT probe"excuse either), but when people start trying to use the magnuson moss act for things like the edge, superchargers, it really wont hold in court if people understand what the act was created for.

The Magnuson Moss act states that an automotive repair dealer cannot deny a warranty claim if you have aftermarket parts installed unless they can prove beyond any reasonable doubt that the aftermarket add on caused the failure.
I just had my d-max in the shop for a replacement of the Brake Control Module (ABS light was on) also had the low tone horn replaced all under warranty and I have a mirriad of power adders on the truck tripple gauge pod edge with monitor ATS exhaust AFE intake I mean it flaunts the aftermarket and the just went about their buisiness and had it back to me within 1 hr. I also have the injector warranty to 200K and that will get done when its my time too. The injector failure is a well known problem and they wont deny it as it is not directly linked to the aftermarket add ons.
660Not to be an ass, but if/when your injectors do go south, leave all your stuff on and just drive into a dealer.... Interested to see how it goes.

FWIW, I do agree 100 % with you that the injector issue is there regardless, but GM is not always willing to take all the blame.

MAGNUSON MOSS WARRANTY ACT



US Code - Title 15, Chapter 50, Sections 2301-2312

Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (http://www.magnacharger.com/magnusonmoss.htm)(15 U.S.C. 2302(C)) . For best results, consider working with performance-oriented dealerships with a proven history of working with customers. If your vehicle manufacturer fails to honor emission/warranty claims, contact EPA at (202) 260-2080 or www.epa.gov (http://www.epa.gov/). If federal warranty protection is denied, contact the FTC at (202) 326-3128 or www.ftc.gov (http://www.ftc.gov/). For additional information, check out the following links:

Consumers Bill of Rights (http://www.enjoythedrive.com/content/?id=8123)
What You Can Do If Your Warranty Is Denied (http://www.enjoythedrive.com/content/?ID=8124)
Federal Warranty Laws (http://www.enjoythedrive.com/content/?id=8128)
Vehicle Manufacturer Warranty Contact Phone Numbers (http://www.enjoythedrive.com/content/?id=8129)
Section 2301. Definitions

(1) The term "consumer product" means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).

(2) The term "Commission" means the Federal Trade Commission.

(3) The term "consumer" means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).

(4) The term "supplier" means any person engaged in the business of making a consumer product directly or indirectly available to consumers.

(5) The term "warrantor" means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.

(6) The term "written warranty" means -



(A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or

(B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product.

(7) The term "implied warranty" means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product.

(8) The term "service contract" means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product.

(9) The term "reasonable and necessary maintenance" consists of those operations

(A) which the consumer reasonably can be expected to perform or have performed and

(B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.

(10) The term "remedy" means whichever of the following actions the warrantor elects:

(A) repair,

(B) replacement, or

(C) refund;

except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.

(11) The term ''replacement'' means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.

(12) The term "refund" means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).

(13) The term "distributed in commerce" means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.

(14) The term "commerce" means trade, traffic, commerce, or transportation -

(A) between a place in a State and any place outside thereof,
or
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).

(15) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term "State law" includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term "Federal law'" excludes any State law.

Section 2302. Rules governing contents of warranties



(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:

(1) The clear identification of the names and addresses of the warrantors.

(2) The identity of the party or parties to whom the warranty is extended.

(3) The products or parts covered.

(4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty - at whose expense - and for what period of time.

(5) A statement of what the consumer must do and expenses he must bear.

(6) Exceptions and exclusions from the terms of the warranty.

(7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty.

(8) Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be required to resort to such procedure before pursuing any legal remedies in the courts.

(9) A brief, general description of the legal remedies available to the consumer.

(10) The time at which the warrantor will perform any obligations under the warranty.

(11) The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty.

(12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty.

(13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty.


(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

(1)

(A) The Commission shall prescribe rules requiring that the terms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him.

(B) The Commission may prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing.

(2) Nothing in this chapter (other than paragraph (3) of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumer product or any of its components be warranted.

(3) The Commission may prescribe rules for extending the period of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the 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 -

(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 therefore.

(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.

Section 2303. Designation of written warranties

(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:

(1) If the written warranty meets the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a ''full (statement of duration) warranty''.

(2) If the written warranty does not meet the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a "limited warranty".

(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".

Section 2304. Federal minimum standards for warranties

(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 -

(1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;

(2) notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;

(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and

(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 Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.

(b) Duties and conditions imposed on consumer by warrantor

(1) In fulfilling the duties under subsection (a) of this section respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable.

(2) Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a) of this section, that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable.

(3) The Commission may, by rule define in detail the duties set forth in subsection (a) of this section and the applicability of such duties to warrantors of different categories of consumer products with ''full (statement of duration)'' warranties.

(4) The duties under subsection (a) of this section extend from the warrantor to each person who is a consumer with respect to the consumer product.

(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.

Section 2305. Full and limited warranting of a consumer product

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.

Section 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty

(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.

Section 2307. Designation of representatives by warrantor to perform duties under written or implied warranty

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.

Section 2308. Implied warranties

(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

(1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or

(2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.

(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.

Section 2309. Procedures applicable to promulgation of rules by Commission

(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.

Section 2310. Remedies in consumer disputes

(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

(1) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.

(2) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.

(3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission's rules under paragraph (2). If -

(A) a warrantor establishes such a procedure,

(B) such procedure, and its implementation, meets the requirements of such rules, and

(C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then

(i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and

(ii) a class of consumers may not proceed in a class action under subsection (d) of this section except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. 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. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.


(4) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section.

If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.

(5) Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d) of this section, the court may invalidate any such procedure if it finds that such procedure is unfair.

(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 there under) or to violate any prohibition contained in this chapter (or a rule there under).

(c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions

(1) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain

(A) any warrantor from making a deceptive warranty with respect to a consumer product, or

(B) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commission's or Attorney General's likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.

(2) For the purposes of this subsection, the term ''deceptive warranty'' means

(A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or

(B) a written warranty created by the use of such terms as ''guaranty'' or ''warranty'', if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.


(d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims

(1) Subject to subsections (a)(3) and (e) of this section, a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief -

(A) in any court of competent jurisdiction in any State or the District of Columbia; or

(B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection.

(2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys' fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys' fees would be inappropriate.

(3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection -

(A) if the amount in controversy of any individual claim is less than the sum or value of $25;

(B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or

(C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.


(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 there under may be enforced under this section only against such warrantor and no other person.

Section 2311. Applicability to other laws

(a) Federal Trade Commission Act and Federal Seed Act

(1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act.

(2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter shall apply to seed for planting.

(b) Rights, remedies, and liabilities

(1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law.

(2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury.

(c) State warranty laws

(1) Except as provided in subsection (b) of this section and in paragraph (2) of this subsection, a State requirement -

(A) which relates to labeling or disclosure with respect to written warranties or performance there under;

(B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and

(C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule there under), shall not be applicable to written warranties complying with such sections (or rules hereunder).

(2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 2309 of this title) that any requirement of such State covering any transaction to which this chapter applies

(A) affords protection to consumers greater than the requirements of this chapter and

(B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement.


(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.

Section 2312. Effective dates

(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

I personally dont care and have installed some injectors on things i know had the edge (that was removed at the time and trust me no one is falling for the "I just like having the EGT probe"excuse either), but when people start trying to use the magnuson moss act for things like the edge, superchargers, it really wont hold in court if people understand what the act was created for.
So lets say I have a EGT probe, and I also have the gauge installed along with boost gauge (ala Trippin mount). So is someone going to say "You have an edge inatalled" even though I don't?

Seems kinda shakey to me.

Jim

I have made the following statement before and always got flamed but what the h**l. Your local dealer is the guy that voids your warranty. If he has no issues with your mods or you personally chances are good you will receive warranty work. Both local dealers in my town install chips, oversize tires etc. One even installs lift kits. Now I have no illusions that ever dealer along my trip routes will be so cordial. If my truck ever breaks out of my service area the first thing I will do is remove the Juice. Later! Frank

Well, I was at the local GMC dealer last night picking up my truck after having the intermediate steering shaft replaced and sitting on top of the parts counter was an attitude display in a nice stand advertising all the features. If the Juice w/Attitude is available as a dealer installed option how can they come back and say it voids my warranty if something goes wrong. I'd like to see how that one would play out in court.

1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C))

This federal law regulates warranties for the protection of consumers. The essence of the law concerning aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle maker's brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part:

“No warrantor of a consumer product may condition his written or implied warranty of such product on the consumers 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...” (15 U.S.C. 2302(C)).

Like I said, this was created so that you could not be denied an engine for using a wix oil filter instead of a GM "branded" filter. If you really think that Gm cannot prove that the use of equipment to alter the vehicle to operate outside the set manufacture specs as reason to deny warranty, good luck. Is anyone going to deny a warranty claim on wipers or a horn for the Edge being installed? No, are they going to deny anything that is not related to the Edge, no, however if your transmission were to fail, they could easily deny you warranty for having the edge, the transmission was operated outside the specs at which it was intended. At the same time, if the switch on the side of the trans were to fail, would you be denied because of that? No.

Just trust me when I say, GM engineers look for things like that being installed on trucks. With the tell tail sign of an exhaust temp probe being the main reason to start snooping for anything being added that alters the intended power output of the engine. I had the north east region GM engineer wanting to look at any truck I was going to do injectors on, before I did anything more than diag the failed injector.

I agree with Corbra. I don't think anyone here can disagree that putting an after market part that is a like-for-like replacement but built to better specs, is what the act was designed to protect.

The warranty periods were never really an issue before due to vehicles not lasting all that long and hot rodders were making mods after the warranty period anyhow, so the manufacturer's concern was moot.

Now, with the addition of long life warranties, and after market parts that don't replace a hard component, (i.e. software), that uses the design margin built into most components, it will be natural for the manufacturers to be more vigilant in ensuring that they pay only for what they have to pay for.

The big fat gray area is when the consumer is making modifications to things that are also a fairly new technology or process. Then it becomes a little more subjective.

One more thing. This isn't talked about much but remember, any modifications that cause the vehicle to perform outside emissions specs, is against the law. And guess what? Even if the product you buy says it is emissions legal, if your vehicle blows the test, you're still responsible.

I expect that as emissions requirements get tighter and the public herd is swayed that smokey diesels are bad, then it is going to get real annoying for us and all the crying won't change that.

People as individuals are pretty bright, people as a group can get incredibly stupid, ignorant, and un-trainable.

jholly, I am not saying that you would be denied for having an EGT gauge installed, but automatically anytime I have had the GM rep in here, he wants to start snooping around to see if anything else has been done.



My only point to this thread was not to try and hide behind the magnuson act, just remove it to be safe.

I would not personally say anything about doing injectors on a truck with Edge, however, at least here, we have the GM warranty claims rep in here all the time checking things out and the GM engineer for the North East region, if either one of them saw the edge installed, trust me, you would end up in arbitration and court trying to get your injectors, just really isnt worth it for the time it takes to remove the stuff.

If your dealer is “mod friendly”, than that’s cool. BUT… that is not who you have to worry about. GM Reps are the ones out there that will get ya. Sure, a dealer may know about the mods and will do warranty work on the truck, but if the GM Rep shows up on a surprise visit to the service dept ad catches them doing the work on a noticeably modded truck, not only will you be out of a warranty, but the dealer will be in some big trouble. I have heard stories about the rep showing and saying “OK, I want to see under the hood of every DMX that is in for service. Even if it’s just an oil change, I wanna see it." They know what that probe is, you just gotta do your best in making them PROVE IT.

I agree don't hide behind the Mag moss act just use it and show that you are an informed consumer and know whats going on.

Soooooooo....again as stated many times before....TAKE EVERYTHING OFF TO BE SAFE!!! Remember.....GM has much deeper pockets than us and if they want to deny warranty because of a power adder they can and will.

Is this injector issue something I need to worry about on my 2003 DMAX? Does it qualify for the 200K warranty?

Not to be an ass, but if/when your injectors do go south, leave all your stuff on and just drive into a dealer.... Interested to see how it goes.

FWIW, I do agree 100 % with you that the injector issue is there regardless, but GM is not always willing to take all the blame.


LOL...

Know what I did when I was broke down on the highway from a bad injector, with a blown engine?

Yanked my banks while I was calling my INSURANCE company for a tow, since GM's roadside assistance is about worthless.

My statement that a dealer would blame the Juice module as a cause for a burned out wiper motor was not meant literally, but as an over the top illustration of the lengths unscrupulous dealers could go to defeat a warranty claim (remember there was a period when it seemed there was a Juice/wiper interface problem). Magnuson Moss offers some protections but don't get too comfortable. In any contest with the dealer or the factory you are at a distinct disadvantage; a very small David against a very large Goliath. The standard of proof is not beyond a reasonable doubt, which is applicable only to criminal proceeding, but a mere preponderance of the evidence, which essentially is "more likely than not." This means that if a dealer "determines" that your injector troubles were caused by your power enhancements the burden shifts to you to prove they were not. GM is in the cat bird seat. It really doesn't have to prove anything. It need merely assert its expert judgment as to the cause and monkey is on your back to refute it. That requires the testimony of very expensive expert witnesses. Some here have the resources for that kind of fight. For most it would be cheaper to pay for the repairs and be done with it. Don't tempt fate. Eric is right. Take the stuff off if you can when you go to the dealer, or be prepared to face the consequences. Some dealers don't care, but it's a crap shoot, the stakes are high, and the odds are with the house.

TC

I had a buddy with a '00 Z71 that had a 6" lift. He went in for a bad power seat motor. They were not going to fix it cause of the lift. He had to fight tooth and nail to get it covered, but they eventually did do it.

Now that is getting a bit crazy on GM's part. There is no way that a Lift would cause the seat motor to go bad.

Think it is a good idea to buy a pyro to have on hand to swap with my attitude if and when I have injector trouble?

I purchased a used truck out of warrenty. I bought the gm gold extended warrenty for additional 50000 coverage. I put a plow on the truck, Edge juice and some other mods. Took it to the dealar for service and they questioned the juice. I simply told them i bought the truck the way they see it. Service rep told me that it was no big deal and as long as it came on the truck its warrented. True?

A friend of mine has a 2004 Ford F-250 4X4, truck was about 6 months old then he put a 4" lift on it and a little bit larger tire, about 2 months after he installed the lift he had to take it back to the dealer for warrenty work, the dealer refused to do the work due to the truck being modifided and flagged his VIN untill the truck was returned to stock which he did to get the work done.He then ask them about the new trucks that are sold on the lots with aftermarket add ons lifts,larger tires,etc and they told him that if it is a dealer installed and Ford approve add-on from ford then its covered under warrenty and when the info is pulled up on the computer at the dealer it will tell you what is installed on the truck.Personnaly I think this sucks in a way but (no I dont work for a dealer) if some guy throws a 10" lift kit with 40" tires and starts blowing trannys, rears, "u" joints, frontend parts, etc due to part stress then the dealer- manufactor shouldnt pay for this, this is why they refuse warrenty work on modded vehicles.