Could this be a Superchips nightmare scenario?
On GM ECUs there is a counter that can be checked to see how many times the ECU is flashed. You cannot reset this counter. Before anyone raises the BS flag, this sort of thing is fairly common... because CDs and DVDs from different zones use different encoding you cannot use a CD from one zone in a locked player from another zone. CD rom drives generally have the ability to have their zone changed, but only three times. Same unresetable counter.
I think the only recourse here is for the buyer to claim that there is a violation of fitness for purpose and therefore no merchantability, which reverses the sale which means that he never bought the truck... basically this is a possible legal path in the US.
I think the only recourse here is for the buyer to claim that there is a violation of fitness for purpose and therefore no merchantability, which reverses the sale which means that he never bought the truck... basically this is a possible legal path in the US.
Rob
As for this situation, the warranty should be honored for the following reason....
A. The current owner bought the truck used with the remaining factory warranty, this would be on his purchase paper work
B. The current owner did not do anything to his truck to void the warranty obtained in A.
The slip up in this case was when the truck was sold with the remaining factory warranty, not the current owners fault.
Now... This is in no way a "Superchips nightmare". The tunes, at least on gas trucks, can not be detected if you put your factory tune back a day or two before you go in for service. This has been proven by owners putting it back to stock, going in, getting an update to their current stock flash and no one @ the dealer saying a word.
A. The current owner bought the truck used with the remaining factory warranty, this would be on his purchase paper work
B. The current owner did not do anything to his truck to void the warranty obtained in A.
The slip up in this case was when the truck was sold with the remaining factory warranty, not the current owners fault.
Now... This is in no way a "Superchips nightmare". The tunes, at least on gas trucks, can not be detected if you put your factory tune back a day or two before you go in for service. This has been proven by owners putting it back to stock, going in, getting an update to their current stock flash and no one @ the dealer saying a word.
As with any aftermarket accessory or product I think that whether a warranty is denied should be based on facts about whether the non-OEM 'thing' actually contributed to the issue. For instance, if you added a CAI kit and your rear main seal went out do you think the dealer should deny warranty work because you had 'modified' the engine? If you add a remote oil filter mount and later your ECM dies, should that be a reason to deny a claim? On the other hand, if you use Superchips and put in a radical tune, raise the rev limit, change shift points, alter torque management, and then blow out your transmission I think it is entirely valid for them to not cover repairs. My main concern is a blanket denial of coverage for anything because 'something was modified'.
Rob
Rob
Google the "Magnuson/Moss Act" it's LAW and basically says in a whole lot of legalese what you are saying in your post...
As for this situation, the warranty should be honored for the following reason....
A. The current owner bought the truck used with the remaining factory warranty, this would be on his purchase paper work
B. The current owner did not do anything to his truck to void the warranty obtained in A.
The slip up in this case was when the truck was sold with the remaining factory warranty, not the current owners fault.
Now... This is in no way a "Superchips nightmare". The tunes, at least on gas trucks, can not be detected if you put your factory tune back a day or two before you go in for service. This has been proven by owners putting it back to stock, going in, getting an update to their current stock flash and no one @ the dealer saying a word.
A. The current owner bought the truck used with the remaining factory warranty, this would be on his purchase paper work
B. The current owner did not do anything to his truck to void the warranty obtained in A.
The slip up in this case was when the truck was sold with the remaining factory warranty, not the current owners fault.
Now... This is in no way a "Superchips nightmare". The tunes, at least on gas trucks, can not be detected if you put your factory tune back a day or two before you go in for service. This has been proven by owners putting it back to stock, going in, getting an update to their current stock flash and no one @ the dealer saying a word.
With the cost of a new vehicle nowadays, I'd wait until the warranty has expired before I'd do anything in the tuning realm.
I went to one dealer in Cali and they said that because i switched it from my wifes name to my name when i refinanced that i lost my lifetime warranty.
the guys out here in indiana laughed and said if i ever have an issue bring it to them.. i didnt even buy my truck here in indiana and they will help me out. Thats customer service!
i will only buy from this dealership now.. even if i go back to cali and i have to fly back out to indiana to buy a car i will
The dealers can tell, but they don't have to let Chrysler know if they detect the "tune". If they can get Chrysler (Dodge) to pay for the warranty work, the dealers want the business.
What I don't understand is that if it is so easy to "tune" for towing, racing, etc, etc, and not damage or degrade the drive-train, why don't the manufacturers get in the "tuner" business. I for one, would love to go to the dealer and buy a "towing tune" from them and keep the warranty. The answer is probably that they looked into it and the profit wasn't there. I'm fairly certain that they have all of the data they need as they developed the factory tune.
What I don't understand is that if it is so easy to "tune" for towing, racing, etc, etc, and not damage or degrade the drive-train, why don't the manufacturers get in the "tuner" business. I for one, would love to go to the dealer and buy a "towing tune" from them and keep the warranty. The answer is probably that they looked into it and the profit wasn't there. I'm fairly certain that they have all of the data they need as they developed the factory tune.
The reason Dodge does not sell tunes is because they engineer a certain margin of safety... let us say for the sake of argument 40%. Let us say you overload your truck by 15 percent it will be fine.
Now you add a tune that eats into your margin of safety by 30 percent... overload it by 15 percent and you are well over your limit; 1.40-(1.15*1.30)= broken by 9.5%...
Now you add a tune that eats into your margin of safety by 30 percent... overload it by 15 percent and you are well over your limit; 1.40-(1.15*1.30)= broken by 9.5%...



