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Plan on modding your S550? Get informed

Darrinm03

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So with people receiving their mustangs now, we all know that they come infested with mod bugs. Some will mod, some won't, but some of those that won't, won't because of information they have heard and believe to be truthful. If you already know this information then good for you, pass your knowledge along. However. Those that don't know, or know incorrect info, please read the facts below. These are gathered from former Ford senior techs, and other official sources, so there's no opinion or B.S. Here, I wouldn't do that with someone's $40K prized possession. If you do or don't decide to mod until your warranty is completely up to you, but make that decision an informed one.

Nearly everyone has heard about someone who has taken a vehicle that has been modified with aftermarket parts to a dealer for warranty service, only to have the dealer refuse to cover the defective items. The dealer usually states that because of the aftermarket parts the warranty is void, without even attempting to determine whether the aftermarket part caused the problem.

This is illegal.

Vehicle manufacturers are not allowed to void the vehicle warranty just because aftermarket parts are on the vehicle. To better understand this problem it is best to know the differences between the two types of new car warranties and the two types of emission warranties.

When a vehicle is purchased new and the owner is protected against the faults that may occur by an expressed warranty - an offer by the manufacturer to assume the responsibility for problems with predetermined parts during a stated period of time. Beyond the expressed warranty, the vehicle manufacturer is often held responsible for further implied warranties. These state that a manufactured product should meet certain standards. However, in both cases, the mere presence of aftermarket parts doesn't void the warranty.

There are also two emission warranties (defect and performance) required under the clean air act. The defect warranty requires the manufacturer to produce a vehicle which, at the time of sale, is free of defects that would cause it to not meet the required emission levels for it's useful life as defined in the law. The performance warranty implies a vehicle must maintain certain levels of emission performance over it's useful life. If the vehicle fails to meet the performance warranty requirements, the manufacturer must make repairs at no cost to the owner, even if an aftermarket part is directly responsible for a warranty claim, the vehicle manufacturer cannot void the performance warranty. This protection is the result of a parts self - certification program developed by the Environmental Protection Agency (EPA) and the Specialty Equipment Market Association (SEMA).

In cases where such a failed aftermarket part is responsible for a warranty claim, the vehicle manufacturer must arrange a settlement with the consumer, but by law the new - vehicle warranty is not voided.

Overall, the laws governing warranties are very clear. The only time a new vehicle warranty can be voided is if an aftermarket part has been installed and it can be proven that it is responsible for an emission warranty claim. However, a vehicle manufacturer or dealership cannot void an entire warranty simply because an an aftermarket equipment has been installed on a vehicle.


Magnuson-Moss Warranty Act:
According to the Report of the House of Representatives which accompanied the law (House Report No. 93-1197, 93d Cong 2d Sess.) the Magnuson–Moss act was enacted by Congress in response to the widespread misuse by merchants of express warranties and disclaimers. The legislative history indicates that the purpose of the Act is to make warranties on consumer products more readily understood and enforceable and to provide the Federal Trade Commission with means to better protect consumers.

Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson–Moss Act.

Warrantors cannot require that only branded parts be used with the product in order to retain the warranty. This is commonly referred to as the "tie-in sales" provisions.

"Tie-In Sales" Provisions:
Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions.

In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty.

While you cannot use a tie-in sales provision, your warranty need not cover use of replacement parts, repairs, or maintenance that is inappropriate for your product. The following is an example of a permissible provision that excludes coverage of such things.

While necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company, we recommend that you use only authorized AudioMundo dealers. Improper or incorrectly performed maintenance or repair voids this warranty.

Although tie-in sales provisions generally are not allowed, you can include such a provision in your warranty if you can demonstrate to the satisfaction of the Federal Trade Commission that your product will not work properly without a specified item or service. If you believe that this is the case, you should contact the warranty staff of the FTC's Bureau of Consumer Protection for information on how to apply for a waiver of the tie-in sales prohibition.

Act May Affect Warranty Disputes:
Two other features of the Magnuson-Moss Warranty Act are also important to warrantors. First, the Act makes it easier for consumers to take an unresolved warranty problem to court. Second, it encourages companies to use a less formal, and therefore less costly, alternative to legal proceedings. Such alternatives, known as dispute resolution mechanisms, often can be used to settle warranty complaints before they reach litigation.

Consumer Lawsuits:
The Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing consumers to recover court costs and reasonable attorneys' fees. This means that if you lose a lawsuit for breach of either a written or an implied warranty, you may have to pay the customer's costs for bringing the suit, including lawyer's fees.

Because of the stringent federal jurisdictional requirements under the Act, most Magnuson-Moss lawsuits are brought in state court. However, major cases involving many consumers can be brought in federal court as class action suits under the Act.

Sooooo does this mean I can or can't tune my Coyote engine? Here you go:
"There have been many questions raised, both lately and in the past, as to what Ford would do to the powertrain warranty if someone were to tune a Coyote engine. Well, since I am in the unique position of having been trained by Ford, I can provide some insight.

First off- Ford will not simply cancel your warranty the moment you plug in a tuner and upload a tune. if the failure cannot be related to a tune (things like a sensor outage or timing chain noise) Ford would simply perform the required testing and replace any required parts to correct the issue.

Now, if the failure could be caused by a tune issue, the dealer would have to first establish the car was tuned, then point to the cause of the failure to being the tune. IF AND ONLY IF FORD CAN SHOW THE FAILURE WAS CAUSED BY THE TUNE, COULD THEY DENY WARRANTY COVERAGE. Meaning, if your car is tuned and you tear up a piston from detonation, you are going to have to foot the bill. Don't be surprised at all that your car is even tagged with a powertrain warranty cancelation when you pick it up.

How is the dealer going to tell?
There is a Peramiter ID called FLASHEVNT that keeps track of how many times the PCM is flashed (or tuned). Your car came from the factory with this reading "1". If there was warranty work done that would require a tune from Ford, this number would go up the amout of times it had been reprogrammed at the dealer and noted in the cars maintenance documentation. It will also go up every time you flash or tune your PCM from your nifty handheld. There is no way to reduce this number, and no way to get around it. Yeah, I know there are tuners out there that claim to have a "no footprint" tune. But they aren't to be trusted"

There you have it. If you've stuck with me this far I thank you and am happy my research/experience has reached someone. No opinions, just facts compiled for you all because I know you are curious like I was, and your dollar is worth as much as my dollar. Now, for my opinion....I modded my car inside the warranty and had work done to replace a peeling radio stack screen on my shaker, and my mustang illuminated door sill panel went out. Both repaired, no questions asked and even got compliments on my car when I picked it up.

Mod at your own risk, at least your better informed:ford:
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imjuslazy

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Good info. Definitely sticky worthy. The last part is new to me, didn't know they can keep track of the flash stuff.
 

jcalvert86

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You'll pay more for the lawyer to fight them than you will for your repair.
 

e30og

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props for the info!

keeping mine dead stock until I can afford to replace it
 
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Darrinm03

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Good info. Definitely sticky worthy. The last part is new to me, didn't know they can keep track of the flash stuff.
This is true for the copperhead ECU, which I ASSUME They used on the S550 as well, but I haven't read up on that
 

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DivineStrike

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You shouldn't need a lawyer as the Burden is on the manufacturer to provide proof the mod caused the damage. If your dealer won't perform the work, give ol' papa Ford a call. However you could be responsible for any tear down costs if you are proven at fault.

That said, if you have any aftermarket parts, some dealers will charge you for the time it took to remove those parts as they aren't OEM and covered under the warranty. So don't expect a complete free ride for repairs. Same goes for recalls.
 

oyitsagreen

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Thanks for posting! I'll have to finish reading later though...tonight is American Horror Story night :D
 
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Darrinm03

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You shouldn't need a lawyer as the Burden is on the manufacturer to provide proof the mod caused the damage. If your dealer won't perform the work, give ol' papa Ford a call. However you could be responsible for any tear down costs if you are proven at fault.

That said, if you have any aftermarket parts, some dealers will charge you for the time it took to remove those parts as they aren't OEM and covered under the warranty. So don't expect a complete free ride for repairs. Same goes for recalls.
Exactly. The act actually encourages dealers to solve outside of courts, as it's bad publicity and thus bad for business.

Also, those that thinking a ford racing procal is covered under you new car warranty, you're wrong. No FRPP parts are covered under a new car warranty, unless your deal installs it for you and declares that they will cover it under the warranty, but good luck finding a dealer like that that's not a specialty dealer
 

BrainFreeze

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Nice information, I learned some things. Also, looks like Ford Racing parts in the same playing field as aftermarket when it comes to the warranty.
 
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Darrinm03

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Nice information, I learned some things. Also, looks like Ford Racing parts in the same playing field as aftermarket when it comes to the warranty.
They pretty much are, if it didn't come on the car from the factory, it's aftermarket. Especially any performance parts, even if ithas fords logo on it.
 

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tbonez3858

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You'll pay more for the lawyer to fight them than you will for your repair.
^^^This right here. The law protects you in court and nothing more. Good luck trying to defeat a manufacturer and its engineers in court. Its going to be "raceboy tuner" that hopped up their car vs Ford the responsible company that put a solid product on the market. Good luck getting a jury or a judge to believe any mechanics word you bring in over the people that designed and built the car. Ford would show up with six miles worth of reports to prove their side even if the data in their reports is nothing more than conjecture.

This is how that would go in court -

"Your honor - Please see the following document that was signed in the witness of a Notary". - Fords lawyer

Content of document - "I assisted with the development and implimentation of the engine and internals in question. The original product was built with strict tolerances to seek product longevity and performance. Exhibit A shows an engine tune was installed on the car that changed multiple perimeters of the engine and how it performs. . If you look at graph C you can clear see where X was involved with the deterioration of Y. Ford cant be expected to warranty a car thats characteristics have been modified and undo stress has been placed upon the internals of the engine. In addition the typical reason for changing this attribute of the car was to use the car in an unintended fashion. If you look at exhibit C its clear that the automobile was abused which further exacerbated the issue" - Ford engineer

"Your honor - We dont feel the tune in question had anything to do with the failed engine. There have been numerous individuals that have this same tune with no other issues". - Your mechanic


"Your honor -Ford has no way of replying to the duration required for a tune to impact the engine. There could be massive issues with all cars that have this tune applied. Air, Fuel and timing are all critical to the cars longevity. We put the safest tune that allowed the best gas mileage for this car and its specific application" - Fords lawyer

"Case closed, warranty denied"- Judge


The information is awesome but lets be real the second you mod you better be prepared to throw the warranty out the window.
 
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Darrinm03

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^^^This right here. The law protects you in court and nothing more. Good luck trying to defeat a manufacturer and its engineers in court. Its going to be "raceboy tuner" that hopped up their car vs Ford the responsible company that put a solid product on the market. Good luck getting a jury or a judge to believe any mechanics word you bring in over the people that designed and built the car. Ford would show up with six miles worth of reports to prove their side even if the data in their reports is nothing more than conjecture.

This is how that would go in court -

"Your honor - Please see the following document that was signed in the witness of a Notary". - Fords lawyer

Content of document - "I assisted with the development and implimentation of the engine and internals in question. The original product was built with strict tolerances to seek product longevity and performance. Exhibit A shows an engine tune was installed on the car that changed multiple perimeters of the engine and how it performs. . If you look at graph C you can clear see where X was involved with the deterioration of Y. Ford cant be expected to warranty a car thats characteristics have been modified and undo stress has been placed upon the internals of the engine. In addition the typical reason for changing this attribute of the car was to use the car in an unintended fashion. If you look at exhibit C its clear that the automobile was abused which further exacerbated the issue" - Ford engineer

"Your honor - We dont feel the tune in question had anything to do with the failed engine. There have been numerous individuals that have this same tune with no other issues". - Your mechanic


"Your honor -Ford has no way of replying to the duration required for a tune to impact the engine. There could be massive issues with all cars that have this tune applied. Air, Fuel and timing are all critical to the cars longevity. We put the safest tune that allowed the best gas mileage for this car and its specific application" - Fords lawyer

"Case closed, warranty denied"- Judge


The information is awesome but lets be real the second you mod you better be prepared to throw the warranty out the window.
Pretty much, that's why this information is here, to get people to understand why you should have your own backup plan once you mod, in the event it causes failure of any sort. People mod, then expect ford to fix the owners problem, this is here to inform everyone the truth to modding and to clear up all the misconceptions that I've seen floating around on the site, and the Internet in general. This is for clarification only and not intended as legal advice...should've put that disclaimer in there lol
 

DivineStrike

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^^^This right here. The law protects you in court and nothing more. Good luck trying to defeat a manufacturer and its engineers in court. Its going to be "raceboy tuner" that hopped up their car vs Ford the responsible company that put a solid product on the market. Good luck getting a jury or a judge to believe any mechanics word you bring in over the people that designed and built the car. Ford would show up with six miles worth of reports to prove their side even if the data in their reports is nothing more than conjecture.

This is how that would go in court -

"Your honor - Please see the following document that was signed in the witness of a Notary". - Fords lawyer

Content of document - "I assisted with the development and implimentation of the engine and internals in question. The original product was built with strict tolerances to seek product longevity and performance. Exhibit A shows an engine tune was installed on the car that changed multiple perimeters of the engine and how it performs. . If you look at graph C you can clear see where X was involved with the deterioration of Y. Ford cant be expected to warranty a car thats characteristics have been modified and undo stress has been placed upon the internals of the engine. In addition the typical reason for changing this attribute of the car was to use the car in an unintended fashion. If you look at exhibit C its clear that the automobile was abused which further exacerbated the issue" - Ford engineer

"Your honor - We dont feel the tune in question had anything to do with the failed engine. There have been numerous individuals that have this same tune with no other issues". - Your mechanic


"Your honor -Ford has no way of replying to the duration required for a tune to impact the engine. There could be massive issues with all cars that have this tune applied. Air, Fuel and timing are all critical to the cars longevity. We put the safest tune that allowed the best gas mileage for this car and its specific application" - Fords lawyer

"Case closed, warranty denied"- Judge


The information is awesome but lets be real the second you mod you better be prepared to throw the warranty out the window.
Sorry but that just wouldn't fly. That would only be the case if Ford could prove there wasn't a faulty part already and the customer persisted that it should be covered under warranty. IE they tore it down, and found no faulty parts. Not every part in an engine winds up being built to withstand even OEM specs. Yes it is designed that way, but quality control can only do so much. The manufacturers responsibility under this law is to find out what failed and how before denying any warranty claims. It hurts them none to do this, because if the customer is found to be at fault, they have to pay for the tear down costs anyway. Conjecture isn't proof, there is no way to prove every piece and part in the car was actually built to OEM spec without taking a look at the failed component. Ford wouldn't have a defense unless they tore down the component. I don't know how some Ford Dealers get away without providing solid proof. It makes no sense to me. Ive seen crazy instances where the dealer "engineer" issues a blanket statement of some kind and voids the warranty. Absolutely ridiculous.

Anyhow, I wouldn't suggest going this route unless the mods you have done are simple bolt ons and a safe tune from either FRPP or a reputable company. Especially if you go boost, save yourself the time, money and frustration and deal with the repairs yourself, as you are most likely at fault.

Oh yea and make sure you get yourself a reputable dealer that you trust and talk with them before you do any mods.
 
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Darrinm03

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Sorry but that just wouldn't fly. That would only be the case if Ford could prove there wasn't a faulty part already and the customer persisted that it should be covered under warranty. IE they tore it down, and found no faulty parts. Not every part in an engine winds up being built to withstand even OEM specs. Yes it is designed that way, but quality control can only do so much. The manufacturers responsibility under this law is to find out what failed and how before denying any warranty claims. It hurts them none to do this, because if the customer is found to be at fault, they have to pay for the tear down costs anyway. Conjecture isn't proof, there is no way to prove every piece and part in the car was actually built to OEM spec without taking a look at the failed component. Ford wouldn't have a defense unless they tore down the component. I don't know how some Ford Dealers get away without providing solid proof. It makes no sense to me. Ive seen crazy instances where the dealer "engineer" issues a blanket statement of some kind and voids the warranty. Absolutely ridiculous.

Anyhow, I wouldn't suggest going this route unless the mods you have done are simple bolt ons and a safe tune from either FRPP or a reputable company. Especially if you go boost, save yourself the time, money and frustration and deal with the repairs yourself, as you are most likely at fault.
Not to mention, ford partner branded boost offer their own warranty on those parts that are usually far superior to other setups anyways. I even think it's Roush that offers a power train warranty if you install their setup on the 11-14s if ford installs it? Could be wrong though
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