Poorly Designed Header

[BigOleTJ]

LOUISIANA

Alright, awhile back (about 3 March of 2002) the exhaust manifold on my Jeep Wrangler cracked. Since it was out of warranty I searched for a replacement part that had a lifetime warranty. I found one that had this warranty (see quotation below) and purchased the exhaust header. The new header re-routed the cross pipe from its tucked position located our of harms way to underneath the transmission. Since I was new to Jeeps I really didn't see this as a problem at the time. But, as I began to become active in off-roading, the newly exposed cross pipe has become...well, flat. It now Hinders my performance instead of enhancing it. I emailed the distributer making a warranty claim that the product is not meeting my satisfaction for performance or workmanship. I was denied the claim stating that

"Workmanship or design only attribute to the flow and attachment to the engine and the stock exhaust.You damaged the product, not that the product failed".

To me, workmanship includes the design element since it strays far from the stock design in the routing of the cross pipe. Not only that, who gets to define this stuff?? I also stand firm that I did not cause the damage since if the pipe had been properly routed there would be ZERO damage to it. Therefore, the placement of the cross pipe caused the damage. It seems the company did not take into account that Jeeps are off-road vehicles and using them in such a manner is not considered abuse or misuse. So, can I consider ground clearance a function of performance? Is an encounter with a rock to my undercarriage considered an accident? Is design a function of workmanship?

Thanks in Advance

BORLA PERFORMANCE INDUSTRIES, INC. warrants its products to the original purchaser of record and for the original vehicle on which the product was installed, against defects in materials and workmanship for one million miles. BORLA's sole obligation under this warranty shall be limited to repair or replacement at BORLA's option, provided, however, this warranty shall apply only if BORLA's examination of the returned product discloses a manufacturing defect. Note all attachment to universal mufflers must be made at the nipples; there should be no welding to the shell or end caps. No expressed or implied warranties of merchantability or fitness for a particular purpose are hereby made except as otherwise expressly provided herein. In no event shall BORLA PERFORMANCE INDUSTRIES, INC. or any BORLA Dealers or Distributors be liable for any loss, inconvenience or damage, whether direct, incidental, consequential or otherwise.
If you have any problems with a BORLA product, involving either installation or performance, please call the company you bought it from immediately. BORLA Distributors will take all necessary steps to ensure you are satisfied.

Because sound is subjective, please do not return your system or muffler if you do not like the sound level. There are several ways to adjust the sound level. You can obtain venturies, for example, from your retailer that you can place in your system to quiet your system.

If you must return part or all of your purchase to your retailer, call first. If for any reason your retailer must return part of your purchase to us, he will need information, including a customer service number, to speed shipment and processing, so that we can get your purchase back to you as quickly as possible.

When returning your purchase, include a copy of this warranty with the product, along with your name, address, telephone number with area code, a description of the problem and proof of the date of retail purchase (invoice copy). Return the product, freight charges prepaid. Pack carefully; we cannot accept product damaged in shipment.

This warranty does not include the cost of removal or reinstallation of the product, and does not apply if the product has been damaged by accident, abuse, misuse, or misapplication. This warranty is valid for BORLA street-legal products only and does not apply to any racing products. Any modifications to the product or its intended use voids the warranty. No person or representative is authorized to extend any warranties on behalf of BORLA, other than the warranty expressed herein. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Some states do not allow the exclusion of limitations of incidental or consequential damages, so the above limitations or exclusions my not apply to you. This warranty gives you specific legal rights, and may have other rights which vary from state to state. This warranty replaces all previous warranties