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

[K4fxd]

But the arbitrator is not looking at the factory warranty.

Racing is not defined in the ESP contract. The ESP is being sold by a Ford dealer. The dealers refer to it as an Extension Of The Factory Warranty.

For this reason ANY reasonable person would believe it's terms are the same as the Ford factory warranty. IE HPDE is not racing, Track use is NOT racing ect.

This should be a slam dunk in court.

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[luc]

Racing is not defined in the ESP contract. The ESP is being sold by a Ford dealer. The dealers refer to it as an Extension Of The Factory Warranty.

For this reason ANY reasonable person would believe it's terms are the same as the Ford factory warranty. IE HPDE is not racing, Track use is NOT racing ect.

This should be a slam dunk in court.

You’re funny
2 words : Caveat Emptor
And yes, it’s legal doctrine
And anyone that sign a contractual agreement without first reading it, is anything but reasonable

 

[luc]

Nice article. Under the terms of the factory warranty would agree that racing should be covered.
But the arbitrator is not looking at the factory warranty. So can you deny that the ESP contract specifically states "racing" not covered, which those of us with an ESP signed, mostly unknowingly? An ESP does not have to extend a factory warranty as such and can put limits on covered parts. If the engine blew after the factory warranty without an ESP we're SOL. If it blew with an ESP specifically excluding items covered in the factory warranty we are likewise SOL.
And again how do you prove/disprove you weren't "racing" with the aftermarket mods put on that rely not on our interpretation but the arbitrators as to whether they are for "racing"? Therein seems to reside the OP's fate.

You’re 100% correct

 

[K4fxd]

And anyone that sign a contractual agreement without first reading it, is everything except reasonable

Ford's original warranty denies for RACING. It allows track use which the car is marketed as. Evidence from a few posts up.

Ford dealers are selling an ESP. This ESP like the Ford warranty denies RACING. However RACING is not defined. ANY REASONABLE person will assume the term RACING is the same as in the original Ford warranty, and does not deny TRACK use which the car is designed for as per Ford marketing.

In this case the ESP is denying warranty for the car being used as designed.

You have to look at the whole picture.

It's like selling a toaster and denying warranty for cooking slices of bread in it.

 

[jhunt47]

I would suggest the op reads the terms and conditions of his esp contract. A quick look I was able to find this at the bottom of the esp warranty brochure.
The part about unauthorized alterations or modifications.
Just my opinion like others have stated your vehicle gives off the impression it was used for racing.
In the end I hope it works out for you. If the 3rd party warranty lawyers can’t prove you raced the vehicle they can always come back to the unauthorized modifications and that is undeniable.

 

[svttim]

I would suggest the op reads the terms and conditions of his esp contract. A quick look I was able to find this at the bottom of the esp warranty brochure.
The part about unauthorized alterations or modifications.
Just my opinion like others have stated your vehicle gives off the impression it was used for racing.
In the end I hope it works out for you. If the 3rd party warranty lawyers can’t prove you raced the vehicle they can always come back to the unauthorized modifications and that is undeniable.

The addition of aftermarket parts is not something that voids a warranty unless the manufacturer can prove those parts caused the failure

 

[luc]

Ford's original warranty denies for RACING. It allows track use which the car is marketed as. Evidence from a few posts up.

Ford dealers are selling an ESP. This ESP like the Ford warranty denies RACING. However RACING is not defined. ANY REASONABLE person will assume the term RACING is the same as in the original Ford warranty, and does not deny TRACK use which the car is designed for as per Ford marketing.

In this case the ESP is denying warranty for the car being used as designed.

You have to look at the whole picture.

It's like selling a toaster and denying warranty for cooking slices of bread in it.

No, it’s like selling toaster designed to run on 110 and denying warranty because it was run on 220

 

[K4fxd]

If the 3rd party warranty lawyers can’t prove you raced the vehicle they can always come back to the unauthorized modifications and that is undeniable.

That just says it won't cover non stock parts. So his roll bar, if damaged, is not covered.

No, it’s like selling toaster designed to run on 110 and denying warranty because it was run on 220

Wrong, if you used the toaster on 220 volts that is out of it's design range. The GT350 and GT350R are marketed as TRACK cars. Using one on track is using it as the manufacturer has intended.

 

[BlkMach10510]

If you are going to take this to court then you should probably stop volunteering information on here.

 

[luc]

That just says it won't cover non stock parts. So his roll bar, if damaged, is not covered.

Wrong, if you used the toaster on 220 volts that is out of it's design range. The GT350 and GT350R are marketed as TRACK cars. Using one on track is using it as the manufacturer has intended.

You seems to have a hard time understanding that the esp has legally nothing to do with the manufacturer
It’s an aftermarket warranty contract that can have whatever restrictions they write in and signed, therefore agree to by the buyer of such contract

 

[Hack]

I don't think there are any legitimate races that the GT350 can even enter. Yes there's autocross, but we aren't talking about autocross locations here. On a road course, is there even such a thing as a race where a stock-ish GT350 can enter?

 

[K4fxd]

You seems to have a hard time understanding that the esp has legally nothing to do with the manufacturer

You seem to miss the point it is being sold by a Ford dealer and is represented as an extension of the factory warranty.

 

[CrazyHippie]

I would suggest the op reads the terms and conditions of his esp contract. A quick look I was able to find this at the bottom of the esp warranty brochure.
The part about unauthorized alterations or modifications.
Just my opinion like others have stated your vehicle gives off the impression it was used for racing.
In the end I hope it works out for you. If the 3rd party warranty lawyers can’t prove you raced the vehicle they can always come back to the unauthorized modifications and that is undeniable.

When a contract includes language like "unreasonable use" or "unauthorized modifications" and the terms are not defined in the document, they may not be enforceable. For example, what's the process to obtain authorization for modifications that would satisfy the contract?

Unfortunately, it will take an arbiter or judge to answer questions like this and you may be surprised with their decisions.

 

[CrazyHippie]

If you are going to take this to court then you should probably stop volunteering information on here.

Very wise advice!

 

[HoosierDaddy]

You seem to miss the point it is being sold by a Ford dealer and is represented as an extension of the factory warranty.

When you sign a contract for the ESP, I believe it overrides anything you may have been told. And even if not, that would mean the fight was with the dealer who said/implied the ESP covers something it doesn't. Point is throwing that argument into arbitration between car owner and ESP, is at best a distraction.

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