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Support » Magnuson-Moss Warranty Act

Here is how the act reads as per the SEMA (Specialty Equipment Market Association) website (www.sema.org ).

Magnuson-Moss Warranty Act, Title 1, __101-112, 15 U.S.C. __2301 et seq. This act, effective July 4, 1975, is designed to "improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products . . .." The Magnuson-Moss Warranty Act applies only to consumer products, which are defined as "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)." Under Section 103 of the Act, if a warrantor sells a consumer product costing more than $15 under written warranty, the writing must state the warranty in readily understandable language as determined by standards set forth by the Federal Trade Commission. There is, however, no requirement that a warranty be given nor that any product be warranted for any length of time. Thus the Act only requires that when there is a written warranty, the warrantor clearly disclose the nature of his warranty obligation prior to the sale of the product. The consumer may then compare warranty protection, thus shopping for the "best buy." To further protect the consumer from deception, the Act requires that any written warranty must be labeled as either a "full" or a "limited" warranty. Only warranties that meet the standards of the Act may be labeled as "full." One of the most important provisions of the Act prohibits a warrantor from disclaiming or modifying any implied warranty whenever any written warranty is given or service contract entered into.

This means that, under the provisions of the Magnuson-Moss Warranty Act of 1975, an automotive dealership/carmaker cannot void your warranty because your vehicle has been modified with aftermarket parts. They (the manufacturers) have to prove that the failure was the direct result of the installed aftermarket part. Unfortunately, too many folks have gone to a dealer to have warranty service performed on their modified vehicle only to have the dealer refuse to cover the defective items. The dealer usually states, that because of the aftermarket parts installed, the warranty is void (without even attempting to determine whether or not the aftermarket part caused the problem). This is illegal...period.

In any one of these scenarios, if the dealer just lifted the hood, saw the modifications, and stated that the warranty was void based on what they saw (without verifying that the failure was due to the aftermarket installation), the dealer would be in violation of the Magnuson-Moss Warranty Act of 1975. The cause of the failure must be searched out and proven in order for the carmaker to void a warranty.

 
 
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