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my tuned GTI suffered a catastrophic engine failure...

tigeo

Autocross Champion
I'm not sure if this was posted but I just ran into it why perusing shopdap's site and thought about this thread...
It's a good video that folks should watch before they walk into a dealer screaming "MAG MOSS MAG MOSS YOU HAVE TO PROVE IT MAG MOSS"...HAAHHHAHA It's application to the car world is so the dealer couldn't force you to have your car serviced there and force you to use their parts.....it has zero do with aftermarket performance modifications.
 

cb1111

Newbie
Location
Virginia, USA
Not so much a culture, but a ruling. Magnuson v. Moss. The burden of proof is on the dealership that the specific components the owner changed or modified are what caused the problem. An intake doesn't necessarily void the warranty. Neither does an exhaust. If you're tuned, but there's a metallurgical fault that existed in the block from the factory, damage may still be covered. The two examples you gave also do not necessarily mean your purchase will not be covered. It may not be covered, but a reasonable argument to a sympathetic ear can do wonders, because when it comes down to it, it's another human deciding whether or not to cover the damage, and humans can be persuaded.
That's not what Magnuson-Moss means at all. The MMA isn't a silver bullet allowing someone to say "You have to prove my tune is what caused the failure".



From the warranty thread that used to be stickied.
Acadia, no you don't understand. He wasn't talking about the Magnuson-Moss Warranty Act, he was talking about Magnuson v. Moss, the obscure court case where the feds came riding out on their white horses to beat the dealership into submission...

I wrote this about 10 years ago on the BMW forum and it still holds true today EDIT - just watched the video. I think he read my post....
__________________________________
Let me try to explain mods and warranties in logical layman's term. I'm sure that some will come up with all sorts of nebulous arguments but they are not real world.

1. The oft misquoted MM act has nothing to do with performance parts. It was enacted to keep manufacturers from requiring the use of a specific brand of replacement part in order to keep the warranty intact.

Accordingly, the use of a "substantially similar" replacement is OK and the manufacturer must show that the "substantially similar" part caused the failure if they refuse warranty service for that failure.

In practical terms, this means that you can substitute a Osram H7 bulb for the Bosch H7 that the car originally came with.

2. Let's look at performance parts for a moment. By definition, performance parts are not "substantially similar" as they are intended to alter the performance characteristics of a system. Based upon this, performance parts fall outside the scope of the MM act.

In order to refuse warranty service for a failure, the manufacturer (legally) merely needs to show that a part that is not "substantially similar" was used and that this part could have caused the failure. At this point, the burden of proof shifts to the consumer to prove that the part did not cause the failure.

Going back to our lightbulb example, if you have an electrical failure and you've replaced your 55w bulbs with 85w "hyperwhites" or LED's then the dealer is under an obligation to the manufacturer to refuse warranty service on the failure if they believe that the performance bulbs caused the failure.

Simple - right?

Now, let's talk warranty a moment.

3. The term "void the warranty" is often bandied about by both consumers and dealers alike.

Very few things will actually "void the warranty." This was alluded to by other posters but not fully explained. If a car is so badly abused, or modded to the point where virtually every system failure can be traced back to a mod, then the manufacturer can "void the warranty." A flood damaged car or one that was in a severe accident might also be candidates for the manufacturer to void the warranty on the entire car.

Mitsubishi voided the warranty on a bunch of cars that they saw were used at racetracks.

What is commonly referred to as "voiding the warranty" actually refers to a dealer refusing warranty service on a particular service.

Quite simply, if a dealer believes that a modification, chip, performance part, abuse or whatnot caused (or substantially contributed) to a failure, then he has an obligation to the manufacturer to refuse warranty service on that failure.

Accordingly, using our lighting example again, the dealer could refuse warranty service on any electrical failure. This could actually extend to ECUs or the entire electrical system.

Farfetched? Not really. A few years back a guy on VWVortex decided to paint his sidemarker bulbs silver on his brand new Jetta.

The bulb heated up, melted the paint and dripped into the housing. The housing melted and shorted out parts of the wiring loom. Since the Jetta uses a CAN-BUS, the whole thing needed replacement $2500 later the car was on the road again.

4. Why doesn't the dealer give the customer the benefit of the doubt? The manufacturer often asks for parts back to determine the cause of the failure. They are extremely vigilant for failures that often are seen on modded cars.

Fell free to argue until you're blue in the face - but - like it or not, the above is the way it is.

You can always find a lawyer who will argue a different viewpoint, but that doesn't mean it is right.

So, what is the bottom line?

ANY mod may cause warranty woes. Consider ALL the implications of any mod you are contemplating and be mentally and monetarily prepared to pay for the consequences.

Read your owner's manual carefully. It specifically warns against engine (ECU) and suspension mods as examples of mods that will cause problems.

Feel free to mod away, but remember that you might have to pay to play. The other posters who say "just do it" aren't the ones that will have to foot the bill.

As a clarification - there is some heated discussion about the manufacturer's burden of proof regarding the use of "performance parts" but the bottom line remains the same.

In addition, if the manufacturer allows a case to go to court then there is a good bet that he has sufficient evidence to back up their claim.
 
Last edited:

GTIfan99

Autocross Champion
Location
FL
Acadia, no you don't understand. He wasn't talking about the Magnuson-Moss Warranty Act, he was talking about Magnuson v. Moss, the obscure court case where the feds came riding out on their white horses to beat the dealership into submission...

I wrote this about 10 years ago on the BMW forum and it still holds true today:

Let me try to explain mods and warranties in logical layman's term. I'm sure that some will come up with all sorts of nebulous arguments but they are not real world.

1. The oft misquoted MM act has nothing to do with performance parts. It was enacted to keep manufacturers from requiring the use of a specific brand of replacement part in order to keep the warranty intact.

Accordingly, the use of a "substantially similar" replacement is OK and the manufacturer must show that the "substantially similar" part caused the failure if they refuse warranty service for that failure.

In practical terms, this means that you can substitute a Osram H7 bulb for the Bosch H7 that the car originally came with.

2. Let's look at performance parts for a moment. By definition, performance parts are not "substantially similar" as they are intended to alter the performance characteristics of a system. Based upon this, performance parts fall outside the scope of the MM act.

In order to refuse warranty service for a failure, the manufacturer (legally) merely needs to show that a part that is not "substantially similar" was used and that this part could have caused the failure. At this point, the burden of proof shifts to the consumer to prove that the part did not cause the failure.

Going back to out lightbulb example, if you have an electrical failure and you've replaced your 55w bulbs with 85w "hyperwhites" or LED's then the dealer is under an obligation to the manufacturer to refuse warranty service on the failure if they believe that the performance bulbs caused the failure.

Simple - right?

Now, let's talk warranty a moment.

3. The term "void the warranty" is often bandied about by both consumers and dealers alike.

Very few things will actually "void the warranty." This was alluded to by other posters but not fully explained. If a car is so badly abused, or modded to the point where virtually every system failure can be traced back to a mod, then the manufacturer can "void the warranty." A flood damaged car or one that was in a severe accident might also be candidates for the manufacturer to void the warranty on the entire car.

Mitsubishi voided the warranty on a bunch of cars that they saw were used at racetracks.

What is commonly referred to as "voiding the warranty" actually refers to a dealer refusing warranty service on a particular service.

Quite simply, if a dealer believes that a modification, chip, performance part, abuse or whatnot caused (or substantially contributed) to a failure, then he has an obligation to the manufacturer to refuse warranty service on that failure.

Accordingly, using our lighting example again, the dealer could refuse warranty service on any electrical failure. This could actually extend to ECUs or the entire electrical system.

Farfetched? Not really. A few years back a guy on VWVortex decided to paint his sidemarker bulbs silver on his brand new Jetta.

The bulb heated up, melted the paint and dripped into the housing. The housing melted and shorted out parts of the wiring loom. Since the Jetta uses a CAN-BUS, the whole thing needed replacement $2500 later the car was on the road again.

4. Why doesn't the dealer give the customer the benefit of the doubt? The manufacturer often asks for parts back to determine the cause of the failure. They are extremely vigilant for failures that often are seen on modded cars.

Fell free to argue until you're blue in the face - but - like it or not, the above is the way it is.

You can always find a lawyer who will argue a different viewpoint, but that doesn't mean it is right.

So, what is the bottom line?

ANY mod may cause warranty woes. Consider ALL the implications of any mod you are contemplating and be mentally and monetarily prepared to pay for the consequences.

Read your owner's manual carefully. It specifically warns against engine (ECU) and suspension mods as examples of mods that will cause problems.

Feel free to mod away, but remember that you might have to pay to play. The other posters who say "just do it" aren't the ones that will have to foot the bill.

As a clarification - there is some heated discussion about the manufacturer's burden of proof regarding the use of "performance parts" but the bottom line remains the same.

In addition, if the manufacturer allows a case to go to court then there is a good bet that he has sufficient evidence to back up their claim.
One fly in your ointment, and we've discussed this previously, the FTC ruled that performance parts are not excluded from the requirements of MMA.

Effectively, it's meaningless though, because you aren't going to win against VW in court.

You're only real protection is developing a good relationship with a good dealer. I've done that and had good luck having those dealers go to bat for me on multiple occasions with modded cars I tracked. Certainty not fool proof, but it's worked for me. I make sure I do services at the dealer, even if I supply the brake fluid or oil I want them to use. I've gotten a few techs and service writers into autocross and tracking. I'll bring pizza every once in a while for the techs and service guys. When I bought the car, another less mod friendly dealer undercut my normal dealer by $500, but I decided burning a good relationship with the dealer wasn't worth $500.
 

cb1111

Newbie
Location
Virginia, USA
One fly in your ointment, and we've discussed this previously, the FTC ruled that performance parts are not excluded from the requirements of MMA.

Effectively, it's meaningless though, because you aren't going to win against VW in court.

You're only real protection is developing a good relationship with a good dealer. I've done that and had good luck having those dealers go to bat for me on multiple occasions with modded cars I tracked. Certainty not fool proof, but it's worked for me. I make sure I do services at the dealer, even if I supply the brake fluid or oil I want them to use. I've gotten a few techs and service writers into autocross and tracking. I'll bring pizza every once in a while for the techs and service guys. When I bought the car, another less mod friendly dealer undercut my normal dealer by $500, but I decided burning a good relationship with the dealer wasn't worth $500.
Ca you show that to me? Since the sole purpose of a performance part is to alter the performance of that system, it is logical that it could cause issues.
 

GTIfan99

Autocross Champion
Location
FL
Ca you show that to me? Since the sole purpose of a performance part is to alter the performance of that system, it is logical that it could cause issues.
I did the last time we discussed it and you just ignored it, so no. I won't waste my time arguing with you again.
 

tigeo

Autocross Champion
Acadia, no you don't understand. He wasn't talking about the Magnuson-Moss Warranty Act, he was talking about Magnuson v. Moss, the obscure court case where the feds came riding out on their white horses to beat the dealership into submission...

I wrote this about 10 years ago on the BMW forum and it still holds true today EDIT - just watched the video. I think he read my post....
__________________________________
Let me try to explain mods and warranties in logical layman's term. I'm sure that some will come up with all sorts of nebulous arguments but they are not real world.

1. The oft misquoted MM act has nothing to do with performance parts. It was enacted to keep manufacturers from requiring the use of a specific brand of replacement part in order to keep the warranty intact.

Accordingly, the use of a "substantially similar" replacement is OK and the manufacturer must show that the "substantially similar" part caused the failure if they refuse warranty service for that failure.

In practical terms, this means that you can substitute a Osram H7 bulb for the Bosch H7 that the car originally came with.

2. Let's look at performance parts for a moment. By definition, performance parts are not "substantially similar" as they are intended to alter the performance characteristics of a system. Based upon this, performance parts fall outside the scope of the MM act.

In order to refuse warranty service for a failure, the manufacturer (legally) merely needs to show that a part that is not "substantially similar" was used and that this part could have caused the failure. At this point, the burden of proof shifts to the consumer to prove that the part did not cause the failure.

Going back to our lightbulb example, if you have an electrical failure and you've replaced your 55w bulbs with 85w "hyperwhites" or LED's then the dealer is under an obligation to the manufacturer to refuse warranty service on the failure if they believe that the performance bulbs caused the failure.

Simple - right?

Now, let's talk warranty a moment.

3. The term "void the warranty" is often bandied about by both consumers and dealers alike.

Very few things will actually "void the warranty." This was alluded to by other posters but not fully explained. If a car is so badly abused, or modded to the point where virtually every system failure can be traced back to a mod, then the manufacturer can "void the warranty." A flood damaged car or one that was in a severe accident might also be candidates for the manufacturer to void the warranty on the entire car.

Mitsubishi voided the warranty on a bunch of cars that they saw were used at racetracks.

What is commonly referred to as "voiding the warranty" actually refers to a dealer refusing warranty service on a particular service.

Quite simply, if a dealer believes that a modification, chip, performance part, abuse or whatnot caused (or substantially contributed) to a failure, then he has an obligation to the manufacturer to refuse warranty service on that failure.

Accordingly, using our lighting example again, the dealer could refuse warranty service on any electrical failure. This could actually extend to ECUs or the entire electrical system.

Farfetched? Not really. A few years back a guy on VWVortex decided to paint his sidemarker bulbs silver on his brand new Jetta.

The bulb heated up, melted the paint and dripped into the housing. The housing melted and shorted out parts of the wiring loom. Since the Jetta uses a CAN-BUS, the whole thing needed replacement $2500 later the car was on the road again.

4. Why doesn't the dealer give the customer the benefit of the doubt? The manufacturer often asks for parts back to determine the cause of the failure. They are extremely vigilant for failures that often are seen on modded cars.

Fell free to argue until you're blue in the face - but - like it or not, the above is the way it is.

You can always find a lawyer who will argue a different viewpoint, but that doesn't mean it is right.

So, what is the bottom line?

ANY mod may cause warranty woes. Consider ALL the implications of any mod you are contemplating and be mentally and monetarily prepared to pay for the consequences.

Read your owner's manual carefully. It specifically warns against engine (ECU) and suspension mods as examples of mods that will cause problems.

Feel free to mod away, but remember that you might have to pay to play. The other posters who say "just do it" aren't the ones that will have to foot the bill.

As a clarification - there is some heated discussion about the manufacturer's burden of proof regarding the use of "performance parts" but the bottom line remains the same.

In addition, if the manufacturer allows a case to go to court then there is a good bet that he has sufficient evidence to back up their claim.
It's more fun to run into the dealer yelling MAG MOSS PROVE MY TUNE DIDN'T BLOW MY ENGINE though....hahahahaah
 

tigeo

Autocross Champion
One fly in your ointment, and we've discussed this previously, the FTC ruled that performance parts are not excluded from the requirements of MMA.

Effectively, it's meaningless though, because you aren't going to win against VW in court.

You're only real protection is developing a good relationship with a good dealer. I've done that and had good luck having those dealers go to bat for me on multiple occasions with modded cars I tracked. Certainty not fool proof, but it's worked for me. I make sure I do services at the dealer, even if I supply the brake fluid or oil I want them to use. I've gotten a few techs and service writers into autocross and tracking. I'll bring pizza every once in a while for the techs and service guys. When I bought the car, another less mod friendly dealer undercut my normal dealer by $500, but I decided burning a good relationship with the dealer wasn't worth $500.
It still may require court and that's really the issue. Sure, you may be able to supply info/data to show that the tune didn't blow the turbo with logs, dyno data, the tuner's info, etc. b/c the XYZ stock turbos blow on stock cars all the time but if your dealer and VW say "no" it's time to figure it out in court which will cost more money and time than the turbo. Maybe for a complete blown motor etc. at $10K installed you may start to have some value in it but you better be sure your argument is bullet proof and that lawyer is getting paid whether you win or not.
 

GTIfan99

Autocross Champion
Location
FL
It still may require court and that's really the issue. Sure, you may be able to supply info/data to show that the tune didn't blow the turbo with logs, dyno data, the tuner's info, etc. b/c the XYZ stock turbos blow on stock cars all the time but if your dealer and VW say "no" it's time to figure it out in court which will cost more money and time than the turbo. Maybe for a complete blown motor etc. at $10K installed you may start to have some value in it but you better be sure your argument is bullet proof and that lawyer is getting paid whether you win or not.
That's why I said it's effectively meaningless.
 

cb1111

Newbie
Location
Virginia, USA
I did the last time we discussed it and you just ignored it, so no. I won't waste my time arguing with you again.
I see this and it is quite clear. If the aftermarket part breaks something then it is on your dime. You'll note that the FTC says "the dealer must show that the aftermarket part caused the issue" and they didn't say "prove".

The bar for the dealership with aftermarket parts is low. Quite simply, the bar is a piece of tape on the ground when it comes to performance parts. I can hear the lawyer for VW say "we designed the car to produce 200hp. The performance part the plaintiff used increased that to 250hp - 25% more and the car wasn't designed for that." Will a jury believe that or you saying "but, but, but, some random guys on the internet told me it was OK"

Here's the excerpt from the FTC:

Still, if it turns out that the aftermarket or recycled part was itself defective or wasn't installed correctly, and it causes damage to another part that is covered under the warranty, the manufacturer or dealer has the right to deny coverage for that part and charge you for any repairs. The FTC says the manufacturer or dealer must show that the aftermarket or recycled part caused the need for repairs before denying warranty coverage.
 

jimlloyd40

Autocross Champion
Location
Phoenix
Car(s)
2018 SE DSG
One fly in your ointment, and we've discussed this previously, the FTC ruled that performance parts are not excluded from the requirements of MMA.

Effectively, it's meaningless though, because you aren't going to win against VW in court.

You're only real protection is developing a good relationship with a good dealer. I've done that and had good luck having those dealers go to bat for me on multiple occasions with modded cars I tracked. Certainty not fool proof, but it's worked for me. I make sure I do services at the dealer, even if I supply the brake fluid or oil I want them to use. I've gotten a few techs and service writers into autocross and tracking. I'll bring pizza every once in a while for the techs and service guys. When I bought the car, another less mod friendly dealer undercut my normal dealer by $500, but I decided burning a good relationship with the dealer wasn't worth $500.
I don't know what your warranty claims were but for most warranty coverage it's VW who decides if you're covered. It's not up to the dealer.
 

cb1111

Newbie
Location
Virginia, USA
It's a good video that folks should watch before they walk into a dealer screaming "MAG MOSS MAG MOSS YOU HAVE TO PROVE IT MAG MOSS"...HAAHHHAHA It's application to the car world is so the dealer couldn't force you to have your car serviced there and force you to use their parts.....it has zero do with aftermarket performance modifications.
IIRC, the impetus for the Act was Eureka that denied warranty service on because the customer used an aftermarket bag. The denial was based only on the mere presence of the aftermarket part. Eureka didn't say "the bag caused the failure", they said "you used a non Eureka part so you have no warranty"
 

GTIfan99

Autocross Champion
Location
FL
I don't know what your warranty claims were but for most warranty coverage it's VW who decides if you're covered. It's not up to the dealer.
If you don't think the dealer has a significant role in deciding if your claim is covered, you're 100% wrong. My ring failure were on a tuned car that tracked. Because there were a significant number of cars suffering similar failures and I'd bought seven new cars at the dealer, it was covered, twice.
 

jimlloyd40

Autocross Champion
Location
Phoenix
Car(s)
2018 SE DSG
If you don't think the dealer has a significant role in deciding if your claim is covered, you're 100% wrong. My ring failure were on a tuned car that tracked. Because there were a significant number of cars suffering similar failures and I'd bought seven new cars at the dealer, it was covered, twice.
The dealer still had to go through VW for approval. But you are correct about a good dealer going to bat for you to try and get approval.
 

cb1111

Newbie
Location
Virginia, USA
I don't know what your warranty claims were but for most warranty coverage it's VW who decides if you're covered. It's not up to the dealer.
Jimmy, Jimmy, Jimmy.... your contact is with the dealership and the dealership deals with the manufacturer and implements their rules.

I'm glad you brought that up though, because it explains why some dealers are less mod friendly than others - those are the dealers that "got bitten" and had VW deny a claim after the dealership did the repair under warranty.

As I said earlier, the manufacturer often asks for the defective parts back - for two reasons. If it is an unusual failure, then they want to see what caused it. If it is a failure usually found only on modded cars, then they want that part back to verify that the mod didn't cause the failure. If it was caused by a mod, then the dealership gets charged back.

Some dealers may say "this could be caused by a mod and we don't want a chargeback, so we'll deny the claim" - at which point you'll be well served to call VW and open a case if you have a logical reason for showing that it was a manufacturer's defect.

GTIfan has some very good advice - be nice to your dealer, don't be an ass, own up to your mistakes and they will go to bat for you.

I had an issue with my Acura dealer a few years ago and had to get Acura corporate involved. After the dealer resolved the issue, I drove to Target and bought $20 worth of canned sodas (they were 6 for $10 so it was a bunch of cases) and drove back to the dealer. I drove into the bay and I could see the service manager thinking "oh crap, what did we do now. I popped the hatch and started unloading boxes and he comes out says "what's this?" I merely said "I just wanted to thank you and your techs for fixing my car", closed the hatch and drove off. Since then he always comes out to say hello whenever I go there.
 

tigeo

Autocross Champion
If you don't think the dealer has a significant role in deciding if your claim is covered, you're 100% wrong. My ring failure were on a tuned car that tracked. Because there were a significant number of cars suffering similar failures and I'd bought seven new cars at the dealer, it was covered, twice.
May be better to say that it's up to teh dealer w/r to how much risk they are willing to take covering a repair for a customer, that later my result in a denied warranty claim and them not being paid out. Sure, dealers will cover some things folks if they think they can get VW to pay and may go out on a limb w/r to risk for some customers. Simple.
 
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