Ford Inspector for Warranty Repair-Update:Warranty Denied Claim Due to Off Road Racing

[Tomster]

in case there any traitors or spies.

The world is full of them. Thank you for fighting the good fight.

When you win, I will personally send you a bottle of your choice.

Sponsored

 

[gone_n_60]

Your Arbitrator? been reading thru all this, holy Schnikes! btw any idea of letting on that there are a huge host of Mustang fans/owners/collectors that will be watching this outcome? People that spend many many thousands of dollars on Ford products?

Maybe contact the webzines like Hennesy, Autoblog or the such about your story/journey? In the court of public opinion it isn't what someone judges or decides but how it looks.

 

[Cplennon17]

OP tomorrow morning lol - Good luck!!!

 

[WItoTX]

Your Arbitrator? been reading thru all this, holy Schnikes! btw any idea of letting on that there are a huge host of Mustang fans/owners/collectors that will be watching this outcome? People that spend many many thousands of dollars on Ford products?

Maybe contact the webzines like Hennesy, Autoblog or the such about your story/journey? In the court of public opinion it isn't what someone judges or decides but how it looks.

I like this idea, but I bet those magazines get a lot of $$$ from MFG's. I suspect it would be like pushing a rope to get any of them to take up the cause. But its a really good idea.

 

[luc]

As much that i want the op to winn, i have serious doubts because the extended warranty is with an aftermarket company that had his own verbiage in the contract that was signed by the op
It is therefore a contractual agreement and all the stuff about how ford advertised the car is pretty much irrelevant
Imagine that you buy a dual toaster from the “ perfect toast company “ and that all the advertising pictures show 2 toast in it
After the factory warranty expires you buy an aftermarket warranty that state that you can only do 1 toast at the time
You still do 2 toast at the time, your toaster fail, you file a claim , explain the situation, doing 2 toasts at the time, all the manufacturer advertising with 2 toasts, etc your claim is denied because you didn’t respected the terms of the agreement
Hopefully I’m wrong

 

[Whitest Russian]

As much that i want the op to winn, i have serious doubts because the extended warranty is with an aftermarket company that had his own verbiage in the contract that was signed by the op
It is therefore a contractual agreement and all the stuff about how ford advertised the car is pretty much irrelevant
Imagine that you buy a dual toaster from the “ perfect toast company “ and that all the advertising pictures show 2 toast in it
After the factory warranty expires you buy an aftermarket warranty that state that you can only do 1 toast at the time
You still do 2 toast at the time, your toaster fail, you file a claim , explain the situation, doing 2 toasts at the time, all the manufacturer advertising with 2 toasts, etc your claim is denied because you didn’t respected the terms of the agreement
Hopefully I’m wrong

In your example, this would be the same as the aftermarket toaster warranty saying that it's an extension of the factory warranty and never once mentioning in the contract that 2 exceeds the limit of the toaster.

 

[rocsteady]

I would think that if the warranty was sold through the Ford dealership, they'd be liable for all the Ford advertising of the GT350 as a track car. If the warranty was purchased by the owner on their own choice, after the fact, then the Ford advertising would be deemed irrelevant?

 

[luc]

I would think that if the warranty was sold through the Ford dealership, they'd be liable for all the Ford advertising of the GT350 as a track car. If the warranty was purchased by the owner on their own choice, after the fact, then the Ford advertising would be deemed irrelevant?

Ford dealerships are independently owned and sell a bunch of crap that has nothing to do with Ford
Same issue with ford racing/performance parts. Ford consider them to be an independent, aftermarket company even if they own it. They provide their own and separate warranty on products that they sell

 

[CANTWN4LSN]

Your Arbitrator? been reading thru all this, holy Schnikes! btw any idea of letting on that there are a huge host of Mustang fans/owners/collectors that will be watching this outcome? People that spend many many thousands of dollars on Ford products?

Maybe contact the webzines like Hennesy, Autoblog or the such about your story/journey? In the court of public opinion it isn't what someone judges or decides but how it looks.

I really doubt the positive effect will be much if OP wins. The only cases that will apply are cars with "racing" paraphernalia on them that have a ESP covered failure. Had they not been on OP's car, the transmission would have been covered.
So the insurance company is out a few thousand bucks. What we might lose is the ability to get an extended warranty on a high performance car at all because absent the paraphernalia, no insurance company will be able to tell if the failure was related to track use or not. That will hurt anyone who doesn't track but has a failure as well.
Ford made a marvelous track capable car and chose to cover track related failures under its factory warranty. But we all know that running this car for extended periods under high rpms on a track even if not racing is going to cause components to wear out faster. If you were an insurance company, would you offer extended warranties in the future?

 

[passwords]

As much that i want the op to winn, i have serious doubts because the extended warranty is with an aftermarket company that had his own verbiage in the contract that was signed by the op
It is therefore a contractual agreement and all the stuff about how ford advertised the car is pretty much irrelevant

Hopefully I’m wrong

You are wrong. You are wrong on the first point, arguing that the warranty is with an “aftermarket company.” The warranty company is Ford Motor Service Company, a wholly owned subsidiary of Ford Motor Company. Calling Ford Motor Service Company and aftermarket company is the same as calling Ford Performance an aftermarket company and, therefore, not Ford.

The relationship between FMSC and FMC is important because it gets to what FMSC knew or should have known when writing the ESP. If FMSC did not want GT350 owners using their cars as engineered, marketed, and sold, then it was incumbent upon FMSC to write the ESP that made clear using the GT350 in that manner (i.e. for track days and HPDE) would be considered “abuse.” FMSC did not do that, and it is reasonable that GT350 owners would consider operating their vehicles at HPDE events to be perfectly acceptable when properly maintained following the track maintenance schedule.

Because you are wrong on your first point, you are also wrong on your second point. The relationship between FMSC and FMC is critical in this situation. Yes, they are separate legal entities, but that fact is irrelevant to what GT350 owners should reasonably expect from their FMSC ESPs.

 

[luc]

You are wrong. You are wrong on the first point, arguing that the warranty is with an “aftermarket company.” The warranty company is Ford Motor Service Company, a wholly owned subsidiary of Ford Motor Company. Calling Ford Motor Service Company and aftermarket company is the same as calling Ford Performance an aftermarket company and, therefore, not Ford.

The relationship between FMSC and FMC is important because it gets to what FMSC knew or should have known when writing the ESP. If FMSC did not want GT350 owners using their cars as engineered, marketed, and sold, then it was incumbent upon FMSC to write the ESP that made clear using the GT350 in that manner (i.e. for track days and HPDE) would be considered “abuse.” FMSC did not do that, and it is reasonable that GT350 owners would consider operating their vehicles at HPDE events to be perfectly acceptable when properly maintained following the track maintenance schedule.

Because you are wrong on your first point, you are also wrong on your second point. The relationship between FMSC and FMC is critical in this situation. Yes, they are separate legal entities, but that fact is irrelevant to what GT350 owners should reasonably expect from their FMSC ESPs.

Sorry but you don’t know what you’re talking about regarding ford performance parts
I bought an installed a pp2 from them and as you can see from the attached ford performance carry their own warranty, its not the ford manufacturer warranty
As a matter of facts my engine blew and there was a big warning on the ford system that my car had fp parts installed and that for any warranty claim, ford performance had to be called and they would be the one to authorize work

 

[Inthehighdesert]

Wish the OP the best. That said, there’s some really bad advicd in this thread, especially with the legal e’s.

 

[luc]

You are wrong. You are wrong on the first point, arguing that the warranty is with an “aftermarket company.” The warranty company is Ford Motor Service Company, a wholly owned subsidiary of Ford Motor Company. Calling Ford Motor Service Company and aftermarket company is the same as calling Ford Performance an aftermarket company and, therefore, not Ford.

The relationship between FMSC and FMC is important because it gets to what FMSC knew or should have known when writing the ESP. If FMSC did not want GT350 owners using their cars as engineered, marketed, and sold, then it was incumbent upon FMSC to write the ESP that made clear using the GT350 in that manner (i.e. for track days and HPDE) would be considered “abuse.” FMSC did not do that, and it is reasonable that GT350 owners would consider operating their vehicles at HPDE events to be perfectly acceptable when properly maintained following the track maintenance schedule.

Because you are wrong on your first point, you are also wrong on your second point. The relationship between FMSC and FMC is critical in this situation. Yes, they are separate legal entities, but that fact is irrelevant to what GT350 owners should reasonably expect from their FMSC ESPs.

Can you repeat after me :
All ford performance parts are aftermarket parts
Ford performance parts are not genuine ford parts
So I guess that because you’re wrong on your first point,,you’re also wrong on you second point
A few minutes of research would have spared you this embarrassing moment

 

[stanglife]

Regardless of who owns who and what the original warranty was. If the arbitrator looks at this as a contract for a specific term, at a specific price with specific conditions (this is what it is), it might just be that simple.

 

[WItoTX]

Good luck OP, in for the positive outcome!

Sponsored