trixter
06-28-2011, 05:17 PM
First let me state that distributors are not required to give a warranty, if they do they do so at their option - even for new bikes. If a warranty is provided with the purchase (or bought in addition to the purchase) then it must conform to the applicable laws. Dealers and manufacturers are not allowed to put in terms that violate the law (duh) and when they do you have a right to sue in court. You made a contract with the dealer not the manufacturer, if the manufacturer does not want to pay the dealer for warranty work then the dealer has to eat the cost on their own and or sue the manufacturer (unless you bought direct from the manufacturer without a dealer acting as a middleman). Dealerships are separate legal entities, which means that they are not the same company as the manufacturer, it also means that you can sue the dealer without the resources of the manufacturer coming into play. This can make it easier if the dealership is smaller as they have a business decision to make, settle or fight it and possibly lose and have higher costs as a result.
And now for the law. This section applies to the US Federal system only. Some states have their own laws such as California which largely mirrors the federal laws.
In 1975 the Magnuson-Moss Warranty Act (P.L. 93-637) was passed and codified into federal law (15 USC § 2301 et seq.). This federal statute governs warranties on consumer products.
It defines a "consumer product" as generally any tangible personal property for sale and that is normally used for personal, family, or household purposes. A motorcycle certainly qualifies for this.
The Report of the House of Representatives accompanied the law (House Report No. 93-1197, 93d Congress 2nd Session) makes it clear that it was enacted in response to the widespread misuse by merchants of express warranties and disclaimers.
The wording in warranties that state you cannot use "any performance parts" on your bike or you will void the warranty is covered by this intent of the law. To put it another way what some bike dealers do, such as Qlink, violates the intent of the law that was passed 36 years ago and is still in force today.
Warrantors cannot require that only branded parts be used with the product in order to retain the warranty. This is commonly referred to as the "tie-in sales" provisions
This means that they cannot require you to buy only their parts to replace things on your bike. Air filters, exhaust, etc can be from other manufacturers. There is another federal law that also covers air filters and oil filters, if they demand you use their stuff then they have to provide you with free filters, if they do not provide you with free filters you are free to use the ones you want. You can use a double whammy if needed (and its a general standard lawyer trick to make as many different claims for the same thing in case one claim gets tossed for any reason).
If you were to purchase a K&N air filter to replace a stock filter and the dealer refuses to do warranty work as a result then you can get help from K&N in fighting the dealer for their illegal practices. You will notice that K&N also references the Magnuson-Moss Warranty Act. http://www.knfilters.com/MAF/massairpledge.htm
California law
CA has several things going on but I am just focusing on warranty issues and not CARB issues or any other issues. I will add that it is illegal to offer for sale, install or manufacture in CA any exhaust that violates the CA state laws and pro circuit is located in CA and sells in CA. This will change for MY2013 bikes though because of a new law that prohibits "louder than stock" exhaust for any MY2013 bikes or newer bikes; since MY2011 is what is being sold now (or older) you have a year to get a new bike and not be covered by that new law.
California has a "lemon law" (Song-Beverly Consumer Warranty Act ) http://ag.ca.gov/consumers/general/lemon.php
The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer.
Repair facilities are required to be registered with the State of California. The Department of Consumer Affairs may invalidate the registration of the repair dealer for many things [Section 9884.7(1)(g)]. You may be able to go after the dealer by calling the government in for shady practices. If they lose their ability to be a licensed repair shop they may not be able to lawfully service the bikes they sell which in turn can put them out of business. Be careful though, if you threaten to go to the government if they do not do what you want that is blackmail (extortion is slightly different namely you make any other threat than going to the government). You can make comments like "under the law I have the right to do XYZ" (not a threat just a statement of rights) or "I am going to do XYZ" (not a threat but a statement of action) at which point you usually have not violated the law. This is a touchy subject which is why lawyers write demand letters for collection agencies so they can imply a threat without violating the law (often they use the phrase "under the law we are allowed to sue you in court"). Be very careful when saying any of this stuff, however if you say it just right you can sometimes get a dealer who knows the law (and cares about being sued, reported to the BBB, having calls for investigations on their repair shop, and other things) to make a compromise offer to prevent you from doing your stated course of action or exercising the rights that you stated you have.
Bureau of Automotive Repair
Toll-Free Telephone (800) 952-5210
United Kingdom law
Ok, I have studied almost no UK law (mostly just computer law). As a result I am going to be lazy and just post a couple of links which state that replacing exhaust and all does not void the warranty there. The first link cites the law in the UK.
http://www.scuderiasystems.com/root-warranty.html
http://en.wikipedia.org/wiki/British_Leyland_Motor_Corp._v._Armstrong_Patents_C o.
I have some additional things but now I am getting bored. SEMA is a trade organization which tries to get OEM, after market, vehicle makers, and others all on the same page with some of this and has even fought some laws or sponsored others (some are in effect in CA dealing with exhaust systems) and they may be a good starting point for anyone who is not bored and wants to research this subject a bit more.
And now for the law. This section applies to the US Federal system only. Some states have their own laws such as California which largely mirrors the federal laws.
In 1975 the Magnuson-Moss Warranty Act (P.L. 93-637) was passed and codified into federal law (15 USC § 2301 et seq.). This federal statute governs warranties on consumer products.
It defines a "consumer product" as generally any tangible personal property for sale and that is normally used for personal, family, or household purposes. A motorcycle certainly qualifies for this.
The Report of the House of Representatives accompanied the law (House Report No. 93-1197, 93d Congress 2nd Session) makes it clear that it was enacted in response to the widespread misuse by merchants of express warranties and disclaimers.
The wording in warranties that state you cannot use "any performance parts" on your bike or you will void the warranty is covered by this intent of the law. To put it another way what some bike dealers do, such as Qlink, violates the intent of the law that was passed 36 years ago and is still in force today.
Warrantors cannot require that only branded parts be used with the product in order to retain the warranty. This is commonly referred to as the "tie-in sales" provisions
This means that they cannot require you to buy only their parts to replace things on your bike. Air filters, exhaust, etc can be from other manufacturers. There is another federal law that also covers air filters and oil filters, if they demand you use their stuff then they have to provide you with free filters, if they do not provide you with free filters you are free to use the ones you want. You can use a double whammy if needed (and its a general standard lawyer trick to make as many different claims for the same thing in case one claim gets tossed for any reason).
If you were to purchase a K&N air filter to replace a stock filter and the dealer refuses to do warranty work as a result then you can get help from K&N in fighting the dealer for their illegal practices. You will notice that K&N also references the Magnuson-Moss Warranty Act. http://www.knfilters.com/MAF/massairpledge.htm
California law
CA has several things going on but I am just focusing on warranty issues and not CARB issues or any other issues. I will add that it is illegal to offer for sale, install or manufacture in CA any exhaust that violates the CA state laws and pro circuit is located in CA and sells in CA. This will change for MY2013 bikes though because of a new law that prohibits "louder than stock" exhaust for any MY2013 bikes or newer bikes; since MY2011 is what is being sold now (or older) you have a year to get a new bike and not be covered by that new law.
California has a "lemon law" (Song-Beverly Consumer Warranty Act ) http://ag.ca.gov/consumers/general/lemon.php
The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer.
Repair facilities are required to be registered with the State of California. The Department of Consumer Affairs may invalidate the registration of the repair dealer for many things [Section 9884.7(1)(g)]. You may be able to go after the dealer by calling the government in for shady practices. If they lose their ability to be a licensed repair shop they may not be able to lawfully service the bikes they sell which in turn can put them out of business. Be careful though, if you threaten to go to the government if they do not do what you want that is blackmail (extortion is slightly different namely you make any other threat than going to the government). You can make comments like "under the law I have the right to do XYZ" (not a threat just a statement of rights) or "I am going to do XYZ" (not a threat but a statement of action) at which point you usually have not violated the law. This is a touchy subject which is why lawyers write demand letters for collection agencies so they can imply a threat without violating the law (often they use the phrase "under the law we are allowed to sue you in court"). Be very careful when saying any of this stuff, however if you say it just right you can sometimes get a dealer who knows the law (and cares about being sued, reported to the BBB, having calls for investigations on their repair shop, and other things) to make a compromise offer to prevent you from doing your stated course of action or exercising the rights that you stated you have.
Bureau of Automotive Repair
Toll-Free Telephone (800) 952-5210
United Kingdom law
Ok, I have studied almost no UK law (mostly just computer law). As a result I am going to be lazy and just post a couple of links which state that replacing exhaust and all does not void the warranty there. The first link cites the law in the UK.
http://www.scuderiasystems.com/root-warranty.html
http://en.wikipedia.org/wiki/British_Leyland_Motor_Corp._v._Armstrong_Patents_C o.
I have some additional things but now I am getting bored. SEMA is a trade organization which tries to get OEM, after market, vehicle makers, and others all on the same page with some of this and has even fought some laws or sponsored others (some are in effect in CA dealing with exhaust systems) and they may be a good starting point for anyone who is not bored and wants to research this subject a bit more.