Magnuson Moss Warranty Act and the EPA

[PayrollHRGuy]

Unless HD is installing tuners as a warranty repair, they can put any rules on the parts they install they wish to. Unless the individual shop warrants the bike after the installation of a tuner, the customer likely just lost their warranty.

15 U.S. Code § 2302

(c)Prohibition on conditions for written or implied warranty; waiver by Commission 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; 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.

The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor.

Please explain to me then how that is the case under 15 USC 2302 (c) if neither (1) or (2) has been met as stated in the last paragraph.

 

[justalayman]

You have to understand there are two entities involved in your latest situation.

HD motor company

Dealer


HD is liable for the warranty. The dealer is merely hired (by HD) to perform warranty services they (HD) are obligated to.

If a dealer installs equipment, it could actually invalidate the warranty provided by HD. If it does, unless dealer offers to pick up the remaining HD warranty as third party warranty provider, the customer could find themselves totally without a warranty.

So, to start with; is HD contracting the dealer to install the tuner or is the dealer installing them on their own accord?

 

[PayrollHRGuy]

HD has a program to not just have the dealer sell and use their tuner but to add items like larger air intake and exhaust (Stage I) to increased displacement, cams, an increased compression (Stage IV) and keep the warranty intact.

While a before warranty would not be effected by Stage I work done by the dealer with none HD parts now it is (at least on paper) because of the decree.

 

[justalayman]

So the installation is not a warranty repair of the bike but a post manufacturer modification of the bike. HD is not obligated to extend a warranty on the modifications and can state said modifications will terminate the oem warranty.