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Warranty Laws: Learn The Federal
Law & Become and
Informed Consumer
Could using AMSOIL motor oil void your new vehicle warranty?
Absolutely not. Vehicle manufacturers recommend using motor oils meeting
certain grades and American Petroleum Institute service requirements.
Whether the motor oil is petroleum based or synthetic will not affect
warranty coverage. The manufacturer is required to cover all equipment
failures it would normally cover as long as the oil meets the requirements
and was not the cause of the failure. AMSOIL exceeds these requirements
and has never been deemed the cause of an engines failure. Even so,
AMSOIL has its own limited warranty, protecting you even further. In
addition, the Federally mandated Magnuson-Moss act states that a manufacturer
may not require the use of a specific brand of aftermarket product
unless it is provided free of charge.
* If a car dealership, service center or other business states that
using AMSOIL will void your new vehicle warranty, ask for that statement
in writing and send it to AMSOIL Technical Services (AMSOIl Inc., AMSOIL
Bldg, Superior, WI 54880). If the business won't provide the statement
in writing send AMSOIL Technical Services a letter identifying who
made the statement, the name and location of the business and what
the specific statement was. AMSOIL will then send a letter to the business
informing them that their position is inaccurate, and, in fact violates
existing law. Your name will be held in confidence. A sample of this
letter is included below.
Could your new vehicle warranty be voided if you don't change your
oil according to the manufacturers recommended change intervals, such
as when using AMSOIL?
Absolutely not. AMSOIL synthetic motor oils are
guaranteed to run 25,000 miles to 35,000 miles (Series 2000 Severe
Service 0W-30 oil)
or one year in mechanically sound engines, providing, of course the
oil is kept free of contaminants by changing the oil filter according
to the manufacturer's recommendation or when using an AMSOIL Super
Duty oil filter changing the filter at 6 months or 12,500 miles (for
gasoline engines), whichever comes first. If using the AMSOIL Dual-Remote
or Dual-Gard By-Pass Filtration unit then the oil and By-Pass filter
is changed as indicated by oil analysis testing. AMSOIL coinded the
phrase "extended drain interval" and it has been validated
by over 30 years of industry testing and tens of thousands of motorists
and millions of over-the-road miles.
AMSOIL synthetic motor oils provide extended drain performance because
they don't break down in heat like conventional motor oils do. AMSOIL
motor oils don't form performance-robbing deposits, and don't volatize
(burn off), which alters viscosity and increases oil consumption. Finally,
AMSOIL's superior additive package, a key element in the oil's ability
to function, holds up under engine stresses, remaining serviceable
for the full 25,000 to 35,000 miles, or indefinitely when AMSOIL By-Pass
Filtration and oil analysis is used.
Additionally, if there is ever a question of whether or not a particular
oil was the cause of an engine failure make sure to get a sample of
the used oil in a clean bottle, typically 6 oz. minimum. The oil can
then be sent to two independent testing labs for analysis (* labs are
located throughout the country). Remember, an informed consumer is
your best defense against being taken advantage of by a vehicle dealership
or service center.
* If you need the address, location, phone number and contact information
for an oil testing laboratory(s) please contact me
Only if an oil is determined to be the direct cause of an engine problem
can a manufacturer or dealership deny warranty coverage for that specific
problem. In this situation the AMSOIL warranty would apply, and the
AMSOIL Technical Services Department would assist you in processing
your claim and getting your vehicle repaired. That's AMSOIL's pledge
to you. AMSOIL Inc. sells millions of gallons of oil per year and warranty
claims are a rare occurrence. If you ever have a warranty problem with
an automobile manufacturer (or snowmobile, boat, RV, motorcycle, etc...)
or dealership, AMSOIL will assist you by analyzing the problem and
providing data supporting the fact that repairs should be made under
the vehicle manufacturer's warranty. If this does not resolve the problem.
AMSOIL will submit a claim with their insurance company and request
that an adjuster have the vehicle repaired and pursue legal settlement
later if necessary. The fact is there never has been an engine failure
attributed to the non-performance of AMSOIL products, and we do not
expect there ever will be. If it ever did, both AMSOIL and their insurance
company would make certain your problem was resolved.
Warranties and the Magnuson-Moss Act
Lets say you are interested in AMSOIL motor oil, but you are concerned
that using a synthetic oil or extending your oil drain interval will
void your warranty.
You have no need for concern. Congress in 1975 enacted the federal
Magnuson-Moss Act to regulate written consumer product warranties.
An examination of the law reveals warranties remain intact when AMSOIL
Synthetic lubrications are used.
The law was meant to give consumers detailed information about warranty
coverage before they buy.
Congress charged the Federal Trade Commission with creation of the
specifics of the law.
The FTC set down three rules under the Act: the Disclosure Rule, the
Pre-Sale Availability Rule and the dispute Resolution Rule.
Those rules require warrantors to title their
written warranty as either “full” or “limited,” provide
a single, clear and easy-to-read document that spells out certain
information
about coverage and ensure that warranties are available where the products
are sold so that consumers can read them before buying.
In passing the Act, Congress meant to give consumers access to warranty
information, let consumers comparison shop for warranties, encourage
warranty competition and promote timely and complete performance of
warranty obligations.
While the Magnuson-Moss Act does not require manufacturers to provide
a written warranty, it provides specific rules when one is provided.
Among those provisions, FTC regulations state: “(c) 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 pro
vided without charge under the terms of the warranty) which is identified
by brand, trade, or corporate name; except that the prohibition of
this subsection may be waived by the Commission if – (1) the
warrantor satisfies the Commission that the warranted product will
function properly only if the article or service so identified is used
in connection with the warranted product, and (2) the Commission finds
that such a waiver is in the public interest.” (42 U.S.C. 2303(C))
That means your warranty stands when you use AMSOIL Synthetic Lubricants.
Vehicle manufacturers recommend lubricants according
to their viscosity grade and service classification. Any oil, whether
it’s conventional
petroleum motor oil or synthetic, meeting the correct viscosity grade,
5W-30 for example, and the current API SL and ILSAC GF-3 North American
service classifications may be used without affecting warranty coverage.
AMSOIL motor oils are recommended for use in applications requiring
these specifications. For more information on API licensing, go to “Ask
AMSOIL” in the Dealer Zone at www. Amsoil.com.
Furthermore, the practice of extending oil drain
intervals does not void warranties. Original equipment manufacturers
pay or deny warranty
claims based on the findings of failure analysis. To affect the vehicle
warranty, the lubricant must be directly responsible for the failure.
If the oil didn’t cause the problem the warranty cannot be voided,
regardless of brand or length of time in use.
Synthetic motor oil was introduced to the automotive
public in 1972 by AMSOIL, INC., with the world’s first API rated synthetic motor
oil – specially formulated for long service and superior performance
and protection to that of conventional oils.
Nearly 30 years ago, AMSOIL synthetics represented a vision of the
future and technology ahead of their time. Since then, every major
engine oil manufacturer has introduced synthetic oils of their own.
To be sure, many original equipment manufacturers
would like you to believe you can only use their products. However,
it’s a violation
of the consumer protections set forth in the Magnuson-Moss Act, unless
they’re willing to provide you those products free of charge.
AMSOIL offers a warranty that covers the cost of repair or replacement
of a proven mechanically sound engine damaged as a result of using
AMSOIL synthetic moto roil. However, it has never happened. Thirty
years of experience proves AMSOIL can be installed in any vehicle with
complete confidence.
AMSOIL further backs its products with action when a Dealer or customer
reports being told their warranty is voided if they use synthetics.
If you have been told by any member of a business
that the use of AMSOIL Motor Oil or the practice of extending drain
intervals will
void warranties, send AMSOIL all the details including the name of
the business, business owner or manager and the individual making the
claims, in a signed and dated letter. Send the letter to AMSOIL’s
Technical Services Department at corporate headquarters and an AMSOIL
representative will send them a letter explaining the facts. To see
a basic draft of what the letter will say, look below.
The Magnuson-Moss Act
Protecting tweakers, tuners, and other users of aftermarket equipment.
FANNING FEARS
You want to upgrade your vehicle with aftermarket
equipment, but you’re worried about putting the vehicle’s warranty at
risk. It’s no wonder. How many times have you heard somene of
a dealership say that installing aftermarket equipment automatically
voids the warranty? This common misconception has been repeated often
enough to be widely believed – though it is completely false.
Fact: Dealers don’t like warranty work, because it pays less than normal
repair work. By promoting the myth that aftermarket equipment automatically
voids warranties, some dealers avoid such low-paying work. Instead, they attempt
to charge customers the prime service rate for work which is rightfully done
under warranty.
THE TRUTH
Most vehicle owners are not aware they are protected
by federal law: the Magnuson-Moss Warranty – Federal Trade Commission Improvement
Act of 1975. Under the Magnuson-Moss Act, aftermarket equipment which
improves performance does not void a vehicle manufacturer’s original
warranty, unless the warranty clearly and conspicuously states that
aftermarket equipment voids the warranty. Most states have warranty
statutes, as well. Which provide further protections for vehicle owners.
In other words, that means a dealer can’t wiggle out of his legal warranty
obligation merely because you install aftermarket equipment. To find out if
any aftermarket equipment automatically voids your vehicle’s warranty,
check the owner’s manual. It is likely the language you are looking for
appears under a heading such as “What Is Not Covered” Although
the language seems negative, remember your vehicle manufacturer is simply saying
he does not cover the aftermarket products themselves. He is not saying that
the products would void the vehicle warranty.
VEHICLE DEALERS OBLIGATIONS
Suppose your modified vehicle needs repairs while
still under warranty. Without analyzing the true cause of the problem,
the dealer attempts
to deny warranty coverage. He made his decision simply based on the
fact that you’ve installed aftermarket equipment – a convenient
way to dodge low-paying warranty work.
An example of how ridiculous this can get is the man who was denied warranty
coverage by a dealer on his power door locks, because he had improved his
exhaust system! Sounds nuts? It really happened – because that man
did not know his rights and challenge the dealer’s decision.
Fact: A dealer must prove – not just say – that aftermarket equipment
caused the need for repairs before he can deny warranty coverage on that basis.
YOUR RIGHTS
Point out to the dealer the provision of the
Magnuson-Moss Act- Require that he explain to you how the aftermarket
equipment caused the problem.
If he can’t – or his explanation sounds questionable – it
is your legal right to demand he comply with the warranty.
Fact: If you are still being unfairly denied warranty coverage, there is recourse.
The Federal Trade Commission, which administers the Magnuson-Moss Act, monitors
compliance with warranty issues. Direct complaints to the FCT at (202) 326-3128.
DODGE MOTORS
“Certain changes that you might make to your truck do not,
by themselves, void the warranties described in this booklet. Examples
of some of these changes are: installing non-Chrysler parts, components,
or equipment.” – 1997 Warranty Information supplement to
Dodge
GENERAL MOTORS CORPORATION
“If a Chevrolet part fails due to a defect in material or workmanship
not related to (on aftermarket products) or the labor to install it.
Chevrolet would be responsible for covering the failed part.” – Chevrolet
Customer Assistance Center
FORD MOTOR COMPANY:
“Installation of a non-genuine Ford item does not, in and of
itself, render warranty void.” – Ford Owner Relations Division
FEDERAL LAW
In order to improve the adequacy of information
available to consumers, prevent deception, and improve competition
in the marketing of consumer
products, any warrantor warranting a consumer product to a consumer
by means of a written warranty shall. . .fully and conspicuously disclose
in simple and readily understood language the terms and conditions
of such warranty. Such rules . . . require inclusion in the written
warranty of any . . . exceptions and exclusions from the terms of the
warranty.’ – Magnuson-Moss Warranty & Federal Trade
Commission improvement Act. Section 2302(a)
Special Letter From AMSOIL To Your Car/Truck/Motorcycle/Boat/Snowmobile/
Small Engine, etc.. Dealership:
It has come to our attention that you (or employee’s name) have
been informing our mutual customers that the use of AMSOIL synthetic
motor oil voids your manufacturers’ warranty. This claim is not
true. Please review the following facts about warranties and AMSOIL
synthetic motor oil.
Original equipment manufacturers (OEMs) recommend
consumers use lubricants of the proper viscosity grade and service
classification. Any oil,
whether it’s petroleum oil or synthetic, may be used without
affecting the overall warranty coverage. OEMs pay or deny warranty
claims based on the findings of failure analysis. To affect the vehicle
warranty, the lubricant must be directly responsible for the failure.
If the oil did not cause the problem the warranty cannot be voided,
regardless of the brand of oil used, or the length of time or number
of miles the oil was used. To flatly inform the customer that the use
of AMSOIL synthetic motor oil voids their vehicle warranty is not true.
It is not supported by OEMs and damages AMSOIL INC.
AMSOIL introduced the world’s first API rated synthetic motor
oil to the automotive public in 1972. Since then, every major motor
oil manufacturer has followed AMSOIL’s lead and has introduced
synthetic oils of their own. AMSOIL synthetic motor oils exceed the
most demanding worldwide performance standards. They are specially
formulated to provide superior performance and longer service than
provided by conventional oils. AMSOIL synthetic motor oils can be installed
and used with complete confidence. AMSOIL INC carries liability insurance
and offers our customers complete warranty coverage for oil related
failures, should one ever occur.
We appreciate your attention to this matter and
anticipate there will be no further intimidation of our customers
by your insuring no one
implies or states that the use of AMSOIL products will “void” vehicle
warranties. Thank you.
AMSOIL INC.
Customer Service Division
cc: Legal Department
To see the complete Magnuson-Moss Act, visit the
Federal Trade Commission web site by clicking here. See the section
called "Tie-In Sales" Provisions.
AMSOIL
Limited Warranty
Lubricants and Lubricating Fluids
AMSOIL, INC. of Superior, Wisconsin, hereby warrants that its lubricants
and lubricating fluids are capable of and suitable for meeting the
specifications set forth in the AMSOIL Product Selection Guide, product
data bulletins and written recommendations. It is the responsibility
of the retailer, installer and/or purchaser to determine if these specifications
are adequate and proper for the intended application.
AMSOIL, INC. of Superior, Wisconsin, further guarantees its lubricants
and lubricating fluids against defective materials, design and workmanship.
These products will not cause mechanical damage when used according
to the company's recommendations in mechanically sound equipment.
THIS WARRANTY IS SUBJECT TO THE FOLLOWING LIMITATIONS:
1. The warranty herein applies only to lubricants and lubricating
fluids, which are manufactured and or packaged by AMSOIL, INC. and
sold through a registered dealer, retailer or installer of AMSOIL,
INC.
2. The liability of AMSOIL, INC. shall be limited to:
(a.) Replacement of the lubricant or lubricating fluid.
(b.) The cost of labor, materials and mechanical components required
to remedy the damage done to the equipment in which the AMSOIL product
was used.
3. AMSOIL, INC. shall not be liable for special or consequential damages
such as, but not limited to, damage or loss of other property or equipment,
loss of profits or revenue, cost of capital, cost of business interruption,
and cost of replacement equipment. The remedies to the purchaser herein
are exclusive. The liability of AMSOIL, INC. arising out of the manufacture,
sale, delivery, installation, technical directions or repair of any
lubricant or lubricating fluid -- whether in contract, tort, warranty
or otherwise - shall not exceed the value of the equipment in which
said product(s) were used.
Consumer recourse in this matter requires the submission of a sample
of the AMSOIL product used and, at the option of AMSOIL, INC., any
damaged or related mechanical parts for inspection. All samples and
parts must be submitted, freight prepaid, and accompanied by an inspection
fee of $15.00. Should the product be defective, freight costs and inspection
fees will be refunded. Any damaged components submitted for inspection
will not be returned, unless so requested by the submitting party,
in writing. It is suggested that the claimant retain a sample of the
product in order to submit such a sample to independent oil testing
laboratory, in the event a dispute arises from the determination of
AMSOIL, INC.
THE WARRANTY MAY NOT BE EXTENDED TO COVER:
1. AMSOIL products that have become unduly contaminated by improper
or irregular servicing or deficiencies within the equipment it has
been installed in.
2. AMSOIL products which have become unduly contaminated by improper
storage and/or handling once they have left AMSOIL's premises.
3. AMSOIL products which have been repackaged, regardless of container,
by anyone other than AMSOIL, INC.
4. Any allegedly defective AMSOIL product for which a sample is unobtainable.
5. Any AMSOIL product which is used in applications not found in the
AMSOIL Product Selection Guide or without prior written approval.
6. Any AMSOIL product which is used for longer service intervals than
recommended by AMSOIL, INC.
7. Any AMSOIL product to which is used to lubricate any mechanical
equipment subjected to abuse, negligence, or racing.
8. Any AMSOIL product to which another product not manufactured by
AMSOIL, INC., has been added.
AMSOIL, INC. further warrants that it is the sole author of this policy
and that no other waranties, expresed or implied, are authorized or
to be considered valid.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Warranties And API Licensed Motor Oils
Fortunately, the law does not allow manufacturers
to "void your
warranty" simply because of the brand of oil you use, the specifications
it meets or the miles you drive between oil changes. To be specific,
they cannot deny to fix your broken radio, faulty valve or cracked
piston because you used an AMSOIL non-API licensed motor oil, or because
you've gone more than 3000 miles since your last oil change. Denial
of warranty coverage must be specifically due to an oil related failure.
All courts of law will find against any manufacturer or dealership
that tries these warranty shenanigans. If any automobile dealership
insinuates that your warranty will be void if you use AMSOIL products
or utilize extended drain intervals, let AMSOIL INC. know the name
of the Dealership, the address, the owner's name and the name of the
employee that made this statement.
To find out AMSOIL stand on API certification Click Here
IF DIFFICULTIES OCCUR, WE SUGGEST THE FOLLOWING:
1. Contact your AMSOIL representative and try to resolve the matter.
2. If the matter cannot be resolved, you may write AMSOIL INC. attention:
AMSOIL INC.
Technical Service Department
925 Tower Avenue
Superior, Wisconsin
715-392-7101
Fax 715-392-5225
I welcome the opportunity to work with you personally as your servicing
AMSOIL Dealer. If you have any questions or concerns please don't hesitate
to contact me.
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