Quote:
Originally Posted by TLud
I double-dog dare you to quote me the provision that says this in plain English. Everyone's a lawyer on the internet.
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This work? I think it's pretty plain.
Title 15 Chapter 50
§ 2304. Federal minimum standards for warranties
(a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement
In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty—
(1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;
(2) notwithstanding section 2308 (b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;
(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and
(4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.
(b) Under a limited warranty that provides only for replacement of defective parts and no portion of labor charges.
(c) No warrantor may condition the continued validity of a warranty on the use of only authorized repair service and/or authorized replacement parts for non-warranty service and maintenance nor does it preclude the warrantor from denying liability where the warrantor can demonstrate that the defect or damage was so caused.
See the bolded section. BMW
could say that a slight over rev caused the problem. They know exactly how high the engine was revved but as you can see they have to demonstrate that the damage was caused by the non-warranty service/maintenance (the ECU work) and not just say "we think so."