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      12-04-2012, 07:24 PM   #26
RPM90
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Drives: 340i M-sport AT
Join Date: Mar 2006
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Quote:
Originally Posted by mocohead View Post
The best bet on any warranty question is to consult a local attorney well versed in warranty law.

Second best bet is to read the warranty terms in your user manuals. They are very specific - BMW only guarantees the parts on the car to be free from defects in materials and workmanship. The warranty does (and should) not cover changes you make to the car that remove the original parts.

People will say that BMW has to prove that a modification caused the defect. That is technically true in the US (not sure about anywhere else). BUT...and this is a BIG but... do you really have the resources to fight BMW over this? They have an army of engineers, experts on the car. What do you have on your side? The internet? SEMA? Realistically you lose that battle because you can't afford to fight it. So while the argument is technically correct, it is also largely irrelevant.

Here's the bottom line - assume ANY mod you do to your car may void the warranty on parts in any way related to the mod. If you can't afford, and are unwilling, to pay for subsequent repairs yourself, don't do it. Mod responsibly and with integrity and don't try to cheat BMW into paying for repairs necessitated by your modifications.

Good information and your conclusion is sound advice.

Clarification correction on this part:
People will say that BMW has to prove that a modification caused the defect. That is technically true in the US (not sure about anywhere else).

People will say that, BUT, technically and legally it's not true.
If the manufacturers warranty states that modifications will void the warranty, then legally the manufacturer CAN void the warranty if the owner modifies the car.
For example, in the question of a tune voiding the engine warranty, YES it will, and the manufacturer does not have to prove the modification caused the engine problem.

The law you are referencing is the Magnuson Moss warranty act.
It does not protect the consumer so that the consumer can modify the engines operation. If the consumer does add a tune to modify the engines performance, then the consumer has violated the terms of the stated warranty, thus the manufacturer doesn't have to prove that the modification caused the problem.

The act was created to protect consumers from being forced to purchase brand specific items, such as oil filters or air filters or spark plugs, in order to maintain the warranty. If a manufacturer requires the owner to only purchase their brand of air filter in order to maintain warranty, then the manufacturer must provide that part free of charge during the warranty.
Per the warranty act, if the manufacturer does not provide the required brand part, then they must honor the warranty if the customer used a different brand air filter, as long as it meets any specified requirements, ie "OEM equivalent". Requiring the customer to purchase the specific brand is a "tie in" purchase, and that is forbidden by the act.

A "modification" is not simply using a different brand part. It is a "modification" of the engines warranted operating parameters.
Yes, adding/installing/using an aftermarket tune WILL void the warranty.
BUT, the dealer or manufacturer has to find it first in order to blame the tune.

As for the question of voiding the warranty if something is wrong with the suspension, and the dealer discovers a modified tune, that can get into a legal dispute and debate. The manufacturer can argue that the added power caused by the tune also added more stress to the suspension and thus they are voiding any warranty work on a failed suspension part.
The customer, likely their lawyer, could argue that a failed damper, for example, is not the result of the power modification as it is a completely different system in the car, etc....
Perhaps this is the scenario you were trying to express?

To all:
As it's been stated on many car forums, if you install a tune or modified parts, then make sure you uninstall those things BEFORE going to the dealer. Don't rely on believing that there is some magic law that protects you so that you can do anything you want to your car while under warranty.
That's not what the law is intended to protect.
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