Does the use of aftermarket parts, including performance chips,
affects the new automobile warranty? Well, let us peep into what
the laws of the land say.
The United States Code found at 15 U.S.C. 2301 Section 2302(c)
states: "No warrantor of a consumer product may condition his
written or implied warranty of such product on the consumer's
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)."
This provision was supplemented by Congress on 16 C.F.R. 700.10
section 102(c). It states in pertinent part: "No warrantor may
condition the continued validity of a warranty on the use of
only authorized repair service and/or authorized replacement
parts for non-warranty service and maintenance. For example,
provisions such as, 'This warranty is void if service is
performed by anyone other than an authorized "ABC" dealer and
all replacement parts must be genuine "ABC" parts,' and the
like, are prohibited where the service or parts are not covered
by the warranty. These provisions violate the Act in two ways.
First, they violate the section 102 (c) ban against tying
arrangements. Second, such provisions are deceptive under
section 110 of the Act, because a warrantor cannot, as a matter
of law, avoid liability under a written warranty where a defect
is unrelated to the use by a consumer of "unauthorized" articles
or service. This does not preclude a warrantor from expressly
excluding liability for defects or damage caused by such
"unauthorized" articles or service; nor does it preclude the
warrantor from denying liability where the warrantor can
demonstrate that the defect or damage was so caused."
It is clear from the foregoing that in the United States an
automobile warranty is only inapplicable if the manufacturer
proves that the aftermarket part was the cause of the defect or
damage of the automobile in dispute.
What about warranty? There are pieces of jurisprudence about
this.
Federal law precludes a dealer from voiding warranty just
because of using aftermarket speed equipment, with only two
exceptions: the warranty can be voided if the aftermarket part
causes damage, or adversely affects the emissions or the
emissions system. SEMA (Specialty Equipment Market Association)
reported that a trade association representing specialty
automotive parts manufacturers, the following quotes have been
extracted:
"The vehicle manufacturer is not allowed to void the vehicle
warranty just because aftermarket equipment is installed on the
vehicle. This protection for consumers is the result of a parts
self certification program developed by the Environmental
Protection Agency (EPA) and the Specialty Equipment Market
Association (SEMA).
These are the surrounding facts about aftermarket parts relating
to warranties. Now that you are aware, be guided accordingly.
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