I doubt that the only way a tune can be detected is by sending the ECU to Germany. I'm sure the local dealers have some way of immediately telling whether the car has been tuned. Afterall, our cars are basically computers running on wheels. And because there is so much electric data stored in our cars, the dealer should be able to find it. Just look at all the data the SA can get just with your key FOB!
As far as the dealer must prove that your mod caused the damage is from the Magnuson Moss Act. But if the dealer suspects or knows you have a mod, the dealer can decline to repair under warranty and send you home. If you want the repair under warranty at this point, you'll need to file a lawsuit To get the court, which is a huge hassle.
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