Dealers And The Magnusson-Moss Act

Magnusson-Moss Act

Also see this post about warranty problems...

Warrantee Denied/What To Do - Harley Davidson Community

If a dealer refuses a warranty claim because he claims that you have made modifications to your bike and that system is not where the problem lies, you should print this out and take him or her a copy. Only those systems that are directly affected by your modifications are affected.

This is a 1975 United States Federal Law which deals with consumer warranty coverage. It defines responsibilities for both the buyer and the seller of all consumer goods costing more than $25. A portion of this law applies to after market parts and modifications and how it affects your vehicle warranty.

For our purposes the law basically states that you have a right to use after market, non-OEM parts on your vehicle and still retain the factory warranty. However, if there is a failure and the manufacturer can show that the failure was caused by the aftermarket part, they can deny coverage.

The important thing is that your dealer cannot VOID your entire warranty just because the part is on the vehicle. There have been cases where a dealer would tell a customer that their new vehicle had no warranty because it had an after market exhaust or other part. Granted, the exhaust or other part is not covered, however the rest of the vehicle is still under the normal warranty.

Under Magnusson-Moss Act a dealer must prove, not just vocalize, that after market equipment caused the need for repairs before they can deny warranty coverage. If they cannot prove such claim-or offer an explanation- it is your legal right to demand compliance with the warranty. The Federal Trade Commission (202.326.3128) administers the Magnusson-Moss Act and monitors compliance with warranty law.

In large cities, there are always other dealers you can do business with. It's a good idea to find out about the most cooperative performance-oriented dealer available to you by checking with clubs, local groups, etc.

If you live in smaller communities, make sure that an uncooperative dealer knows that they are giving you plenty of reason to take you business elsewhere.

If you should have to do that, write the "manufacturer" to tell them that their dealer's activities have caused you to buy from another car company!

The bottom line is to talk to your dealer and get their feeling about after market mods. Some dealers are more prone to be ok with it than others. Your option is to find a dealer that will work with you and not against you for their profit.

If all else fails, tell them to put it in writing about the warranty being void and that you want it to be specific as to the reason. Chances are they will rethink the situation because you have them in the corner for the most part. A warranty can not be voided completely because of only one part. Only that part and any resulting damage from that part if any can be said to not be covered.

If a bike is "DOWN" or "out of service" because of a defective part, special ordering and delivery of parts being needed can be expedited by the dealer from the MOCO to get the bike back in service if they so choose. It's just that a lot of them are lazy and will just let the customer wait until they order the part and it's delivered normally.

Here's a few links that will explain it in further detail

A Businessperson's Guide to Federal Warranty Law

Magna Charger manufacturers intercooled supercharging systems for late model GM and Ford cars, trucks and SUVs utilizing OEM quality Eaton hybrid superchargers.

doj1975 · Apr 29th, 2009, 02:13 PM

I went into my local dealer today to ask a question of the service department. I just wanted to know when the front fork oil should be changed. When I asked the service manager if it needed to be done on break-in, she said no. She then asked what bike I had and if I wanted to bring it in for the break-in service. I told her "No thank you, I will do my own break-in service. I told her that I had printed out the 1,000 mile service requirements from the HD website and that I would be doing everything on the list." She told me then that if something goes wrong with the bike that would be checked at the break-in service and they don't do the break-in then the warranty will not cover it even if I performed the service and logged it. Why do dealers try this, when it is obviously not true? It is really aggrevating to think that if I need warranty work done now, I am going to have to fight with them about it.

Hobbit · Apr 29th, 2009, 02:18 PM

they do it to try and scare you - you have the law on your side but if they prove that what you did messed it up - they got you.
my dealer tried this yrs ago, since then they have had new staff join and they do not even try it, they have on file a letter from HD UK, stating i can do as i pls service wise, as long as i keep receipts, and use oils that match HD specs or better my warranty will be covered

glider · Apr 29th, 2009, 05:19 PM

It's all about profits and the bottom line. They have overhead and salaries to pay and if they intimidate you into bringing the bike in then they make the money and you spend it. Tell her to put that in writing and see if she does. They can only fault you if it is a part that was overlooked in the servicing of the bike that went wrong and not the entire warranty.

Don't ya just love the scare tactics. I would find another reputable dealer that talks the truth.

doj1975 · Apr 30th, 2009, 12:13 AM

I called HD customer service. I talked to a nice guy, can't remember his name, told him the situation. He said as long as a record everything that I do and keep receipts for everything, I will not have any problems with warranty repairs. I already knew this from reading on this forum, but it still made me feel better to have HD customer service tell me the same thing.

glider · Apr 30th, 2009, 09:07 AM

It would be a great thing to have him send this in a letter to you and we could post it here.

doj1975 · Apr 30th, 2009, 12:23 PM

Yeah, I wish I would have thought of that at the time.

glider · Apr 30th, 2009, 12:53 PM

Never too late

glider · May 1st, 2009, 09:52 AM

Sent to me by "R Lewis" as posted in the local jiffy lube.

GOV5 · Oct 22nd, 2009, 08:25 AM

Quote:

Originally Posted by doj1975

I went into my local dealer today to ask a question of the service department. I just wanted to know when the front fork oil should be changed. When I asked the service manager if it needed to be done on break-in, she said no. She then asked what bike I had and if I wanted to bring it in for the break-in service. I told her "No thank you, I will do my own break-in service. I told her that I had printed out the 1,000 mile service requirements from the HD website and that I would be doing everything on the list." She told me then that if something goes wrong with the bike that would be checked at the break-in service and they don't do the break-in then the warranty will not cover it even if I performed the service and logged it. Why do dealers try this, when it is obviously not true? It is really aggrevating to think that if I need warranty work done now, I am going to have to fight with them about it.

If you live in an area where that is your only dealer, I would definitely get the Service Manager to put her comments in writing. When you get her letter, send a copy to the MOCO. They need to "educate" these types of dealers. BTW, you won't have any more trouble out of them after you do this. They'll be too frightened of you to mess around anymore. They can lose their franchise over stuff like this.

Apr 29th, 2009, 02:13 PM	#1
doj1975 Warming The Wheels Ride: 09 STREET GLIDE Join Date: Mar 19th, 2009 Posts: 144	Re: Dealers And The Magnusson-Moss Act I went into my local dealer today to ask a question of the service department. I just wanted to know when the front fork oil should be changed. When I asked the service manager if it needed to be done on break-in, she said no. She then asked what bike I had and if I wanted to bring it in for the break-in service. I told her "No thank you, I will do my own break-in service. I told her that I had printed out the 1,000 mile service requirements from the HD website and that I would be doing everything on the list." She told me then that if something goes wrong with the bike that would be checked at the break-in service and they don't do the break-in then the warranty will not cover it even if I performed the service and logged it. Why do dealers try this, when it is obviously not true? It is really aggrevating to think that if I need warranty work done now, I am going to have to fight with them about it.

Apr 29th, 2009, 02:18 PM	#2
Hobbit Moderators Ride: 2009 FAST 103 Street Bob Join Date: May 18th, 2007 Location: The Shires UK Posts: 7,470 My Mood:	Re: Dealers And The Magnusson-Moss Act they do it to try and scare you - you have the law on your side but if they prove that what you did messed it up - they got you. my dealer tried this yrs ago, since then they have had new staff join and they do not even try it, they have on file a letter from HD UK, stating i can do as i pls service wise, as long as i keep receipts, and use oils that match HD specs or better my warranty will be covered

Apr 29th, 2009, 05:19 PM	#3
glider Community Liaison Ride: 07 Road King Classic Join Date: Jun 21st, 2007 Posts: 20,163 My Mood:	Re: Dealers And The Magnusson-Moss Act It's all about profits and the bottom line. They have overhead and salaries to pay and if they intimidate you into bringing the bike in then they make the money and you spend it. Tell her to put that in writing and see if she does. They can only fault you if it is a part that was overlooked in the servicing of the bike that went wrong and not the entire warranty. Don't ya just love the scare tactics. I would find another reputable dealer that talks the truth.

Apr 30th, 2009, 12:13 AM	#4
doj1975 Warming The Wheels Ride: 09 STREET GLIDE Join Date: Mar 19th, 2009 Posts: 144	Re: Dealers And The Magnusson-Moss Act I called HD customer service. I talked to a nice guy, can't remember his name, told him the situation. He said as long as a record everything that I do and keep receipts for everything, I will not have any problems with warranty repairs. I already knew this from reading on this forum, but it still made me feel better to have HD customer service tell me the same thing.

Apr 30th, 2009, 09:07 AM	#5
glider Community Liaison Ride: 07 Road King Classic Join Date: Jun 21st, 2007 Posts: 20,163 My Mood:	Re: Dealers And The Magnusson-Moss Act It would be a great thing to have him send this in a letter to you and we could post it here.

Apr 30th, 2009, 12:23 PM	#6
doj1975 Warming The Wheels Ride: 09 STREET GLIDE Join Date: Mar 19th, 2009 Posts: 144	Re: Dealers And The Magnusson-Moss Act Yeah, I wish I would have thought of that at the time.

Apr 30th, 2009, 12:53 PM	#7
glider Community Liaison Ride: 07 Road King Classic Join Date: Jun 21st, 2007 Posts: 20,163 My Mood:	Re: Dealers And The Magnusson-Moss Act Never too late

May 1st, 2009, 09:52 AM	#8
glider Community Liaison Ride: 07 Road King Classic Join Date: Jun 21st, 2007 Posts: 20,163 My Mood:	Re: Dealers And The Magnusson-Moss Act Sent to me by "R Lewis" as posted in the local jiffy lube.

Tip Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Dealers And The Magnusson-Moss Act

General Tips