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Because if a lifter exploded then I really doubt it had anything to do with the tune.
This is true according to this:
Federal Warranty Laws
1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C))
This federal law regulates warranties for the protection of consumers. The essence of the law concerning aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle maker's brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part:
No warrantor of a consumer product may condition his written or implied warranty of such product on the consumers using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade or corporate name... (15 U.S.C. 2302(C)).
2. Clean Air Act Warranty Provisions (42 U.S.C. S 7541 (C) (3) (B))
The federal Clean Air Act requires vehicle makers to provide two emissions-related warranties -- a production warranty and a performance warranty. Theproduction warrantyrequires the vehicle maker to warrant that the vehicle is designed, built and equipped so that it conforms with emissions requirements at the time of sale. The performance warranty requires the vehicle maker to warrant that the vehicle will comply with applicable emissions requirements as tested under state vehicle emissions inspection programs for the warranty periods specified in the law (for model year 1995 and later vehicles, the warranty is 2 years/24,000 miles for all emissions-related parts and 8 years/80,000 miles for the catalytic converter, electronic emissions control unit and on-board diagnostic device). The performance warranty is conditioned on the vehicle being properly maintained and operated.
Like the Magnuson-Moss Act, vehicle manufacturers may not refuse warranty repairs under the Clean Air Acts performance and defect warranties merely because aftermarket parts have been installed on the vehicle. The only circumstance under which the vehicle manufacturer can void the emissions warranties is if an aftermarket part is responsible for (causes) the warranty claim.
M-M would have nothing to do with this case. It is not a question of aftermarket parts . A tune changes the operating characteristics of the motor, which is expressly mentioned in what is not covered in the warranty.
I don't know which is more misinterpreted around here. The M-M act , or what freedom of speech really means.
OK, I'll ask, what brand & weight of oil were you using?
I'm sure many here would love to know the case number or hear what their approval is based on if they agree to fix this under warranty. TONS of guys who have been denied coverage for tunes under warranty could use this knowledge as precedent to make GM pay for past warranty work they refused to do.
Last edited by vettedoogie; Oct 5, 2009 at 05:03 PM.
-Hurricane intake.
-BB fusion exhaust.
-dyno tune at Synergy Newark, CA.
No direct engine mods.
Originally Posted by EdCalVette
Just got off horn with service manager, tells me the GM Rep has reported that they will repair or install new engine. Just wants to verify extent of damage to block. I'm hoping for the best.
Will post final determination for all.
Very cool! Glad everything is working out in your favor.
The only point I'd recommend is to have one of the "mods" on this forum delete this thread. This is for your protection, just in case another GM rep reads this and decides on a different solution for you.
Nice to see they are saying they will cover it. Whether they actually follow thru is yet to be determined. Here's hoping they do.
At least the factory rep didn't do what Subaru was doing a few years back. If you owned an STi or WRX, they were somehow checking records of various race tracks in your area to see if your car has been raced. If it had and you had engine issues, warranty denied. Don't know if they still are, but that is pretty lame for a company that prides themselves on their racing heritage.
I'm glad the op is covered, none the less, we're not out here to debate about warranty, we've all done this for 14 pages last time, and we all agree on the same thing...because GM said "tune = no warranty" period...lets not argue that...I think it's really cool that a dealer will still honor the warranty becaus they (maybe) understand that the part that failed was not caused by a Tune, but simply, a defective part. THAT is what matters right now, and we all hope more dealers and GM reps will follow it.
now, I hope to God that they don't put a new motor in and THEN say "oh, we just happen to find out you had a tune, so you owe us money now"...tinfoil hat is on...but y'all know what I'm saying here... can't be too prudent those days!