quote:
Originally posted by doitmyself:
My Chrysler owners manual states: "Damage or failures caused by the use of non-Mopar parts for maintenance and repairs will not be covered by the manufacturers warranty".
Does this contradict the Magnuson-Moss Warranty Act? And, shouldn't my dealer have to supply my filters and other maintenance parts for free under this act?
No and no.
http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm
What the Act prohibits is "Tie-In Sales Provisions".
From the FTC's website:
"Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions."
"In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty."
But your Chrysler owner's manual does not prohibit the use of non-Mopar parts. What it says is that if you use non-Mopar parts, and the parts result in damage or failure, they won't cover it.
Example: you use Ricky Ticky oil filters made in the People's Republic of China. They use a fine filter media of yak's hair and belly button lint. The canister is made of a reused #6 tin can.
Unfortunately the yak's hair plugs, and since Ricky Ticky doesn't include a bypass valve, the resulting high pressure splits the #6 tin can resulting in a complete loss of oil pressure while you're on the Interstate.
The result is several ruined bearings and a two thrown rods.
"Damage or failures caused by the use of non-Mopar parts for maintenance and repairs will not be covered by the manufacturers warranty".
As to the second question, although tie-in sales provisions generally are not allowed, a provision can be included in the warranty if the manufacturer demonstrates to the satisfaction of the FTC that the product will not work properly without a specified item or service. For example, Chrysler can specify an oil which meets the API SL certification in a 5w30 weight. This is how Ferrari can specify a Shell motor oil in the 0W-60 weight, VW can create a TDI specification, and Mercedes can enforce the 229.5 long-life specification.
