New Car Warranty and Modifications!

[tommy23323]

Having a heavily modified 06 Mustang GT, I love to do modifications that improve the performance of the car. I have a new 2012 Fusion Sport with less then a thousand mile on it, after reading your postings I can see untapped horse power in my sport. What if any issues has any one experienced with there warranty when service/repairs are needed?

[Big Jim]

Warranty is not voided simply because of a modification. If the modification was the cause or contributed to a failure that otherwise may have been a warranty issue, a warranty claim is most likely to be rejected.

 

When you make modifications you are at risk if there is a failure caused by the modification. For example, adding NOX spray and then experiencing piston melt down or rod bearing failure, you are likely on your own. Having a mass air flow sensor failure due to oil contamination when you have an aftermarket oil bath air filter and you are likely on your own. On the other hand, using aftermarket brake pads and then experiencing paint issues would not be a reason to reject a claim on the paint.

 

Having a new 4x4 with a broken axle and towing it in with thick mud all over including the roof would likely not be paid either due to abuse.

 

Towing in a nearly new Mustang with a blown clutch with drag strip windshield decals and heavy rubber splatters on the rear fenders would likely not be paid either.

 

One of the main things to consider is that when the car is modified and the modification may have contributed to a failure, the burden of proof shifts from the manufacture to you. They don't have to prove that the modification caused the problem, they only have to identify that it is likely.

[tommy23323]

_{Very good input! Thanks I was thinking that} the modification would have contributed to a failure, for it to be out of pocket

Edited June 21, 2012 by tommy23323

[Grey]

Big Jim - great explanation. Thanks for being on the Forum.

[fusion0389]

I agree wil everything except the last sentence, the burden of proof still stays with the manufacturer to prove that an aftermarket piece caused another failure thus, voiding the warranty. That is outlined in the Magnuson Moss Warranty Act and was put in place by congress to protect the consumer.

 

On a side note, the problem with vehicle modifications and the dealer often times doesnt get to the point of voiding your new vehicle warranty. From my own personal experience what ends up happening is that the dealership will blame the aftermarket part for whatever symptom you brought the vehicle in for regardless of its association to the symptom. For example, I had a Jeep with an aftermarket K&N intake. I took the car into the dealer because the engine was misfiring, the dealer ended up having to get with their corporate tech support to resolve the issue under warranty. However, before they could proceed any further with the diagnostics the vehicle had to be returned to the stock configuration meaning the original air intake system. This posed a problem since I bought the car used and didnt have the original parts so I had to shell out $350 for a new air intake system only to find out that it didnt make any difference in the problem (DUH!).

 

The moral of the story here is that you most likely wont have to worry about voiding your warranty because the manufacturer has the burden of proof to prove that a modification caused a failure, however keep all of the original parts and be prepared to reverse any performance improvements at YOUR expense if you plan on having warranty service completed at your dealer.

Edited July 19, 2012 by fusion0389

[drolds1]

I agree wil everything except the last sentence, the burden of proof still stays with the manufacturer to prove that an aftermarket piece caused another failure thus, voiding the warranty. That is outlined in the Magnuson Moss Warranty Act and was put in place by congress to protect the consumer.

 

On a side note, the problem with vehicle modifications and the dealer often times doesnt get to the point of voiding your new vehicle warranty. From my own personal experience what ends up happening is that the dealership will blame the aftermarket part for whatever symptom you brought the vehicle in for regardless of its association to the symptom. For example, I had a Jeep with an aftermarket K&N intake. I took the car into the dealer because the engine was misfiring, the dealer ended up having to get with their corporate tech support to resolve the issue under warranty. However, before they could proceed any further with the diagnostics the vehicle had to be returned to the stock configuration meaning the original air intake system. This posed a problem since I bought the car used and didnt have the original parts so I had to shell out $350 for a new air intake system only to find out that it didnt make any difference in the problem (DUH!).

 

The moral of the story here is that you most likely wont have to worry about voiding your warranty because the manufacturer has the burden of proof to prove that a modification caused a failure, however keep all of the original parts and be prepared to reverse any performance improvements at YOUR expense if you plan on having warranty service completed at your dealer.

 

First of all, the dealer cannot void your warranty. Only FMC can do that. The dealer can deny warranty repairs on a vehicle. A factory warranty on the vehicle can be voided in these circumstances:

 

 

The New Vehicle Limited Warranty does not cover:

• vehicles that have had the odometer disconnected, altered, or

inoperative for an extended period of time with the result that the

actual mileage cannot be determined

• vehicles that have ever been labeled or branded as dismantled, fire,

flood, junk, rebuilt, reconstructed, or salvaged; this will void the New

Vehicle Limited Warranty

• vehicles that have been determined to be a total loss by an insurance

company; this will void the New Vehicle Limited Warranty

• converted Expedition EL Limousines that are not equipped with the

Limousine Builder’s Package (17L) Option, or if the wheelbase is

extended beyond 140 inches, or if the Gross Vehicle Weight Rating

(GVWR) exceeds 9,900 pounds. See important information about

Expedition EL limousine conversion (page 36).

• any other Ford or Mercury vehicles that are converted to limousines.

This will void the New Vehicle Limited Warranty. See important

information about conversions (page 36)

• converted ambulances that are not equipped with the Ford Ambulance

Prep Package,

 

If, in the dealer's judgment, an unauthorized modification to the vehicle caused the failure of a Ford part it can deny warranty coverage on that part. At this point the owner can invoke the Magnuson-Moss statute. Do you think that the SM at that point is going to say, "Oh, well, in that case we'll fix it?" Not going to happen. They will maintain that the owner's modification caused the failure then the owner is going to have to fight the dealer and Ford on the issue. Whom do you think Ford is going to back in this dispute? Are you willing to take them to arbitration or small claims court to make them prove that the modification did not cause the failure? Even if the burden of proof is on the dealer, what constitutes proof in the eyes of the law? This isn't going before the Supreme Court. If you have the time and inclination to do that, the arbitrator or judge is going to look at the Ford new car warranty and see this:

 

 

the installation or use of a non-Ford Motor Company part (other than

a certified emissions part) or any part (Ford or non-Ford) designed

for off-road use only installed after the vehicle leaves the control of

Ford Motor Company, if the installed part fails or causes a Ford part

to fail. Examples include, but are not limited to lift kits, oversized

tires, roll bars, cellular phones, alarm systems, automatic starting

systems and performance-enhancing powertrain components or

software and performance ‘‘chips’’

 

You're at a distinct disadvantage. If you lose the case, what's next? A lawyer and those costs?

 

Now, there are dealers that will overlook certain modifications and there are those that will not. It's your car and your money. How much of a gambler are you? In your own case, you had to pay $350 just to get a claim honored under the warranty. How much would the repair have cost if you paid for it?