Magnuson Moss Act - thoughts
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Magnuson Moss Act - thoughts
Here's an excerpt from MMA as reviewed by a legal website.
http://www.mlmlaw.com/library/guides...s/undermag.htm
Based on the description, I see how Mitsubishi can void warranties for any and all aftermarket items because they can be interpreted simply as "improper repair" according to the Mitsubishi repair manual.
The claim that Mitsubishi must "prove" the aftermarket part causes the failure in order to void a warranty is a bit ambiguous. I think all MMNA has to do is state improper repair to void warranties.
My take on it is that IF Mitsubishi wants to explicitely exclude a specific part or parts in its warranty statement, then it must prove to the FTC that the part(s) will cause damage. For example, if Mitsubishi wants to state in its warranty that "only OEM air filters are to be used for servicing" (which would exclude all CAIs and aftermarket panel filters) then it must show to the FTC that all aftermarket panel filters and CAIs will cause the engine or some part of the car to fail. This is the "tie-in" clause noted below.
One thing I haven't figured out is how about for components which MMNA offers "upgrades." For example, MMNA has the uprated bars for the front and rear (brand name unknown). I go ahead and install Cusco equivalents - lets say installed by the dealer. My suspension then collapses (hypothetically speaking, of course...), could MMNA void the warranty using improper repair since they offer a similar part. Difference might include torque (perhaps) and the material/design.
I guess ultimately it goes down to your relationship with the dealer and rep, and how much headache you are willing to withstand.....
I am trying to get MMNA to make an official statement about Ralliart parts, since it is related to Mitsubishi Japan.
Oh well. I have all these things I want to do to the car but.......
"Tie-In Sales" Provisions
Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions.
In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty.
While you cannot use a tie-in sales provision, your warranty need not cover use of replacement parts, repairs, or maintenance that is inappropriate for your product. The following is an example of a permissible provision that excludes coverage of such things.
While necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company, we recommend that you use only authorized AudioMundo dealers. Improper or incorrectly performed maintenance or repair voids this warranty.
Although tie-in sales provisions generally are not allowed, you can include such a provision in your warranty if you can demonstrate to the satisfaction of the FTC that your product will not work properly without a specified item or service. If you believe that this is the case, you should contact the warranty staff of the FTC's Bureau of Consumer Protection for information on how to apply for a waiver of the tie-in sales prohibition.
http://www.mlmlaw.com/library/guides...s/undermag.htm
Based on the description, I see how Mitsubishi can void warranties for any and all aftermarket items because they can be interpreted simply as "improper repair" according to the Mitsubishi repair manual.
The claim that Mitsubishi must "prove" the aftermarket part causes the failure in order to void a warranty is a bit ambiguous. I think all MMNA has to do is state improper repair to void warranties.
My take on it is that IF Mitsubishi wants to explicitely exclude a specific part or parts in its warranty statement, then it must prove to the FTC that the part(s) will cause damage. For example, if Mitsubishi wants to state in its warranty that "only OEM air filters are to be used for servicing" (which would exclude all CAIs and aftermarket panel filters) then it must show to the FTC that all aftermarket panel filters and CAIs will cause the engine or some part of the car to fail. This is the "tie-in" clause noted below.
One thing I haven't figured out is how about for components which MMNA offers "upgrades." For example, MMNA has the uprated bars for the front and rear (brand name unknown). I go ahead and install Cusco equivalents - lets say installed by the dealer. My suspension then collapses (hypothetically speaking, of course...), could MMNA void the warranty using improper repair since they offer a similar part. Difference might include torque (perhaps) and the material/design.
I guess ultimately it goes down to your relationship with the dealer and rep, and how much headache you are willing to withstand.....
I am trying to get MMNA to make an official statement about Ralliart parts, since it is related to Mitsubishi Japan.
Oh well. I have all these things I want to do to the car but.......
"Tie-In Sales" Provisions
Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions.
In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty.
While you cannot use a tie-in sales provision, your warranty need not cover use of replacement parts, repairs, or maintenance that is inappropriate for your product. The following is an example of a permissible provision that excludes coverage of such things.
While necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company, we recommend that you use only authorized AudioMundo dealers. Improper or incorrectly performed maintenance or repair voids this warranty.
Although tie-in sales provisions generally are not allowed, you can include such a provision in your warranty if you can demonstrate to the satisfaction of the FTC that your product will not work properly without a specified item or service. If you believe that this is the case, you should contact the warranty staff of the FTC's Bureau of Consumer Protection for information on how to apply for a waiver of the tie-in sales prohibition.
