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Magnuson-Moss Warranty Act

21K views 30 replies 24 participants last post by  chaydogg69 
#1 ·
Magnuson-Moss Warranty Act - Wikipedia, the free encyclopedia

A dealer cannot deny warranty simply because you have changed a part. Basically, a dealer has to honor the warranty unless they can prove the part you changed caused the fault. e.g. altering your wheels & tires should not effect a warranty claim on the a/c. This sounds straightforward but often things fall into a gray area. For example, supercharging the engine and then trying to warranty a transmission failure. Did the transmission fail because of the extra engine power? Much depends on the relationship with your dealer.
 
#6 ·
A Businessperson's Guide to Federal Warranty Law

A dealer cannot deny warranty simply because you have changed a part. Basically, a dealer has to honor the warranty unless they can prove the part you changed caused the fault. e.g. altering your wheels & tires should not effect a warranty claim on the a/c. This sounds straightforward but often things fall into a gray area. For example, supercharging the engine and then trying to warranty a transmission failure. Did the transmission fail because of the extra engine power? Much depends on the relationship with your dealer.
so what about installing aftermarket projectors. the dealership basically told me it voided all the switches involved as well. doesn't the fuse pervent an overload.
 
#14 ·
headlights and stuff like that arent covered under warranty usually its for your powertrain etc.

im lucky though because im friends with a handful of people there and theyre usually willing to put my aftermarket parts on for cheap if im not in the mood to do it (plus the work is covered under honda warranty because they did it.)

so in theroy if they put an aftermarket part on for you, and your car got ******, you could blame them for improper instillation, allthough for them doing you a favor it would be a **** move.

just kinda ranting
 
#7 ·
just thought id chip in my 2Cents. but they will do whatever it takes to void your warranty over the smallest thing. to keep your warranty, you basically have to be willing to go to court which usually means big money. in the end, if your aftermarket did not cause the fault of what went wrong, you would win the battle... but are you willing to spend all that $$$ to fight it?
 
#11 ·
here's more info.

Q: What is the Magnuson-Moss Warranty Act?


A: The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. It also affects both the rights of consumers and the obligations of warrantors under written warranties.

Congress wanted to ensure that consumers could get complete information about warranty terms and conditions. By providing consumers with a way of learning what warranty coverage is offered on a product before they buy, the Act gives consumers a way to know what to expect if something goes wrong.


Q: Does a manufacturer have to warranty their products?
A: The Warranty Act doesn't require any manufacturer to provide a written warranty, but allows manufacturers to determine whether to warrant their products in writing. Once a manufacturer decides to offer a written warranty on a consumer product, however, it must comply with the Warranty Act.


Q: Does the Warranty Act apply to an oral warranty?

A: No. Only written warranties are covered.


Q: Does the Warranty Act apply to warranties on services?

A: No. Only warranties on goods are covered. However, if the manufacturer's warranty covers both the parts provided for a repair and the workmanship in making that repair, the Warranty Act applies.


Q: Does the Warranty Act apply to products purchased for commercial purposes?
A: The Warranty Act doesn't apply to warranties on products sold for resale or for commercial purposes. The Act covers only warranties on consumer products. This means that only warranties on tangible property normally used for personal, family or household purposes are covered.

Q: Are there any basic requirements of the Warranty Act?
A: Yes. Written warranties must:

* Be noted as either "full" or "limited"
* State certain specified information about the coverage of your warranty in a single, clear, and easy-to-read document
* Be available where the warranted consumer products are sold, so that consumers can read them before buying



Q: Is there any basic warranty coverage that automatically comes with a consumer product?
A: Customers will always receive the basic protection of the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties.


Q: What is a limited warranty?
A: A "limited" written warranty allows the manufacturer to include a provision that restricts the duration of implied warranties to the duration of the limited warranty. For example, a two-year limited warranty can limit implied warranties to two years. However, a "full" written warranty cannot limit the duration of implied warranties.


Q: What is a full warranty?

A: It is a "full" warranty when:

* There is not a limit the duration of implied warranties
* Coverage is not limit to first purchasers
* Warranty service is free of charge, including such costs as returning the product or removing and reinstalling the product when necessary
* At the consumer's choice, either a replacement or a full refund if, after a reasonable number of tries, the product can't be repaired
* Consumers aren't required to perform any duty as a precondition for receiving service, except notice that service is needed



Q: Will I void the warranty if I don't use the recommended manufacturer items?

A: Generally, tie-in sales provisions aren't allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions.

"In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty."

While tie-in sales requirements can't be used, the warranty need not cover use of replacement parts, repairs, or maintenance that is inappropriate for the product. The following is an example of a permissible provision that excludes coverage of such things.

"While necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company, we recommend that you use only authorized AudioMundo dealers. Improper or incorrectly performed maintenance or repair voids this warranty."


Q: Is a warranty a contract the manufacturer must honor?
A: Yes. A warranty is a contract that commits the manufacture, manufacturer, to stand behind the product.


Q: If a product doesn't perform as anticipated, is it covered by any type of warranty?
A: The implied warranty of merchantability is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold.

The law says that merchants make this promise automatically every time they sell a product they are in business to sell. For example, if you, as an appliance retailer, sell an oven, you are promising that the oven is in proper condition for sale because it will do what ovens are supposed to do - bake food at controlled temperatures selected by the buyer. If the oven doesn't heat, or if it heats without proper temperature control, then the oven isn't fit for sale as an oven, and the seller has breached the implied warranty of merchantability. In such a case, the law requires the seller to provide a remedy so that the buyer gets a working oven.


Q: I bought a washer because of what the salesperson said it would do. It doesn't. Do I have any legal recourse?
A: The implied warranty of fitness for a particular purpose is a promise that the law says you, as a seller, make when your customer relies on your advice that a product can be used for some specific purpose. For example, suppose you are an appliance retailer and a customer asks for a clothes washer that can handle 15 pounds of laundry at a time. If you recommend a particular model, and the customer buys that model on the strength of your recommendation, the law says that you have made a warranty of fitness for a particular purpose. If the model you recommended proves unable to handle 15-pound loads, even though it may effectively wash 10-pound loads, you've breached your warranty of fitness for a particular purpose.


Q: I feel the product I purchased is wearing out prematurely. Isn't this covered under my warranty?
A: Implied warranties are promises about the condition of products at the time they're sold, but they don't assure that a product will last for any specific length of time. (The normal durability of a product is, of course, one aspect of a product's merchantability or its fitness for a particular purpose.)

Nor does the law say that everything that can possibly go wrong with a product falls within the scope of implied warranties. For example, implied warranties don't cover problems such as those caused by:

* Abuse
* Misuse
* Ordinary wear
* Failure to follow directions
* Improper maintenance



Q: What is the statue of limitations for a warranty issue?

A: Generally, there is no specific duration for implied warranties under state laws. But state statutes of limitation for breach of either an express or an implied warranty are generally four years from date of purchase. This means that buyers have four years in which to discover and seek a remedy for problems that were present in the product at the time it was sold. This doesn't mean that the product must last for four years. It means only that the product must be of normal durability, considering its nature and price.


Q: Is there any type of warranty for a product I bought from a second-hand store?

A: An implied warranty of merchantability on a used product is a promise that it can be used as expected, given its type and price range. As with new merchandise, implied warranties on used merchandise apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual.

If the store doesn't offer a written warranty, the law in most states allows the business to disclaim implied warranties. However, selling without implied warranties may well indicate to potential customers that the product is risky -low quality, damaged or discontinued - and should be available at a lower price.

In order to disclaim implied warranties, the business must inform consumers in a conspicuous manner, and generally in writing, that the business will not be responsible if the product malfunctions or is defective. It must be clear to consumers that the entire product risk falls on them. The business must specifically indicate that it does not warrant "merchantability," or must use a phrase such as "with all faults," or "as is." A few states have special laws on how the business must phrase an "as is" disclosure.

Some states don't allow businesses to sell consumer products "as is." At this time, these states are Alabama, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and the District of Columbia. In these states, sellers have implied warranty obligations that can't be avoided.

If a business sells a product "as is" and it proves to be defective or dangerous and causes personal injury to someone, the business still may be liable under the principles of product liability. Selling the product "as is" doesn't eliminate this liability.


Q: What is an express warranty?
A: Express warranties, unlike implied warranties, are not "read into" asales contract by state law. Instead, the manufacturer explicitly offers these warranties to the customers in the course of a sales transaction. They are promises and statements that are voluntarily made about the product or about the manufacturer's commitment to remedy the defects and malfunctions that some customers may experience.

Express warranties can take a variety of forms, ranging from advertising claims to formal certificates. An express warranty can be made either orally or in writing. While oral warranties are important, only written warranties on consumer products are covered by the Magnuson-Moss Warranty Act.

Section 2-313 of the Uniform Commercial Code covers express warranties.


Q: How does a service contract work with a warranty?

A: A service contract is an optional agreement for product service that customers sometimes buy. It provides additional protection beyond what the warranty offers on the product. Service contracts are similar to warranties in that both concern service for a product. However, there are differences between warranties and service contracts.

Warranties come with a product and are included in the purchase price. In the language of the Magnuson-Moss Warranty Act, warranties are "part of the basis of the bargain." Service contracts, on the other hand, are agreements that are separate from the contract or sale of the product. They are separate either because they are made some time after the sale of the product, or because they cost the customer a fee beyond the purchase price of the product.

If a manufacturer offers a service contract, the Act requires the manufacturer to conspicuously list all terms and conditions in simple and readily understood language. However, unlike warranties, service contracts are not required to be titled "full" or "limited,' or to contain the special standard disclosures. In fact, using warranty disclosures in service contracts could confuse customers about whether the agreement is a warranty or a service contract.


Q: Where do I find the warranty for a product I want to purchase online or through a mail order company?

A: You do have the right to review a warranty before you purchase a product. For warranty information online, look for hyperlinks leading to the full warranty, or to an address where you can obtain a free copy. Reading the warranty before you buy can help you understand exactly what protection you'll get should something go wrong later. If a copy of the warranty is available online, print it out when you make your purchase and keep it with your records.

If purchasing through the mail or by telephone, the catalog or other advertising must include either the warranty or a statement telling consumers how to get a copy. This information should be near the product description or clearly noted on a separate page. If a page references the warranty statement, it should be listed near the product description.


Q: Is a manufacturer responsible if a retailer doesn't provide the warranty information?
A: As long as the manufacturer has provided retailers with the warranty materials they need to comply with the rule, the manufacturer is not legally responsible if the retailer fails to make the warranties available.


Q: The manufacturer is insisting on mediation before going to trial. Can they do this?
A: The Warranty Act allows warranties to include a provision that requires customers to try to resolve warranty disputes by means of the informal dispute resolution mechanism before going to court.


Q: If I sue under the Warranty Act, can I recover attorney fees and court cost if I win?
A: Breach of warranty is a violation of federal law, and allows consumers to recover court costs and reasonable attorneys' fees. This means that if you win a lawsuit for breach of either a written or an implied warranty, you may be able to recover costs for bringing the suit, including lawyer's fees. Because of the strict federal jurisdictional requirements under the Act, most Magnuson-Moss lawsuits are brought in state court. However, major cases involving many consumers can be brought in federal court as class action suits under the Act.

source: Consumer Law: Warranty FAQ
Information courtesy of the Federal Trade Commission.
 
#18 ·
I'm willing to be flamed as well for bumping this thread, but I have a similar question to eromansky. If I were to install an aftermarket product (SRI or axleback), will Honda dealerships refuse to take my car in for routine checkups (ie-oil level, tires, lights, fluids, etc)?

And if they don't refuse to give my car the full point inspection but find that my oil level is low or that my tires need to be rotated, will they do it for me even though I have aftermarket products installed?

Again, I'm sorry for the noob question. Any help would be appreciated!
 
#23 ·
I've had just the worst experience ever. I was denied warranty work because of my turbo. They were blaming my turbo for a fire incident I had on the wire harness before I even installed the turbo. I'm at a loss for what to do because the harness was covered under VSC Honda Care warranty I got along with the power steering motor assembly but they kept denying me all because I now have a turbo on. Direct quote from the Service Manager. "You changed the exhaust, It gets too hot now because of that the wires were burned off." For one extensive heat from a properly cooled turbo will not damage the harness. Two, The harness was messed from before I put the turbo on. It just is crazy how Honda is. They told me I can authorize a tear down and see if they will cover the 3rd gear and the o2 sensor but if they don't because of the turbo I would be stuck with the payment for the tear down without any repair being done. I just can't believe how messed up they are. Anybody that can help me please do...
 
#30 ·
I don't feel too bad about bumping this thread (beat me if I'm in the wrong) but I figured I could contribute.

I'm surprised by some of these posts and beating the keyboard with my face over others. I'm quite surprised that many of the dealers you guys are going to are splitting hairs or even bending the rules to exclude you from warranty work, but I under stand their logic. I'm not sure if many of you are aware of how the warranty process works from withing the dealer so I'll try to cover it briefly and simply.

Car comes in for warranty work. I'll say an O2 sensor for this example? So you come in because your CEL is on and the vehicle is under warranty. You pay nothing up front and the tech in the back gets to bring your car in, top off fluids, check the vehicle over (yes, kesooni, MOST should happily do this, free of charge, in the interest of customer satisfaction and the hopes of selling you something, be it an alignment, rotate, filters, etc.), then connect to the vehicle to scan codes and begin the diagnostic process. Everything up to this point is free of charge to you and makes the technician ZERO MONEY. No time is flagged for the technician as of yet. If he scans and finds an oddball code, he'll be going through the service manual and technical guides to check for voltage here, excessive wear there, or anything and documenting ALL of it for warranty purposes. If he sees a standard code that points to O2 sensor replacement in the manual, the O2 sensor is replaced. The technician flags the warranty time for the O2 sensor. Please note, warranty time is ALWAYS less than customer pay. Customer pay is usually/about warranty time X 1.5. No time is flagged for anything else, any diag, any other checks. The O2 sensor is paid for by the dealership, and the dealership pays the technician (in the form of time on their paycheck) for the work he did. The old O2 sensor along with the paperwork documenting the diag process and how the O2 sensor was determined to be at fault is sent away to corporate headquarters for evaluation. They check all documentation for correct diag process and any mention of ANYTHING that could have caused the part to fail at the fault of the customer. They then test the 'failed' part to ensure that it is in fact faulty. If it is not, then they start probing. Assuming the part is bad, and nothing throws a red flag, then the reimburse the dealership for the part cost and the time paid to the technician.
If the dealership sent back an O2 sensor that shows any signs of being messed with or damaged, such as a nick on it from you banging it on something while installing that aftermarket exhaust, or wires show signs of overheating or even melting, the warranty claim is kicked back an the dealership is left footing the bill and lost time for the repair.

I'm not saying anyone here is right or wrong, but just trying to provide a clearer picture of both sides. This is why the dealership doesn't want to warranty the transmission on your supercharged vehicle. While the transmission didn't throw a gear down the road, the dealership cannot know that the trans wont be torn apart went sent away and evidence of greatly increased stress. Yes, they will be tearing down that tranny, looking at every single surface, and measuring everything. These people are trained beyond belief to do just this. All day. Every day. This is EXACTLY what they do and they are incredibly good at it.

Just something to think about when you see the scratch on your mirror from where you banged it in that tight parking space and try telling the dealer that you don't think you hit it hard enough to cause the power adjustable mirror on that side to quit working.
 
#31 ·
not to bump old thread but i hope someone can answer my question.
i got a 09 fg2 and i installed a AEM v2 short ram intake and 6 months later my car kept getting stuck in LIMP mode and i took it to local honda and they said that because of my intake they would not warranty diagnose or try to fix it. They wanted 300 just to inspect car.. thats BS
my LIMP mode problems.
wont rev past 3k
wont drive faster than 45
cut power in 1/2
Both CEL and /!\ light were on.

Only other mods.
tien s-tech springs
skunk 2 70mm catback
hid
Subs
 
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