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

[K4fxd]

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.

Right. Ford says the GT350 is designed for track use. So unless explicitly defined in any contract, track use is not unreasonable.

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[K4fxd]

When you sign a contract for the ESP, I believe it overrides anything you may have been told.

See my above post. Also there is a thing called "implied warranty"

Unless the ESP company caves this will go to a Judge. Hopefully said Judge follows law and common law in his/her decision.

 

[BlkMach10510]

Status update op?

 

[K4fxd]

I think this is going to come down to this.

Ford says the car is designed to be used on track.

The ESP is saying using the car on track is outside of it's designed parameters and is abuse.

 

[sukhoi_584th]

I think this is going to come down to this.

Ford says the car is designed to be used on track.

The ESP is saying using the car on track is outside of it's designed parameters and is abuse.

With the caveat that Ford owns the ESP

 

[luc]

With the caveat that Ford owns the ESP

Who own the warranty company is completely irrelevant, what is relevant are the terms of the extended warranty contract that was signed by car owner

 

[K4fxd]

Who own the warranty company is completely irrelevant, what is relevant are the terms of the extended warranty contract that was signed by car owner

ESP is saying the car was abused. Ford says track use is in the design parameters of the car.

Kind of like putting 1000 pounds in the bed of an F150 and having warranty denied for carrying 1000 pounds in the bed.

I hope OP keeps this updated.

Bounced this off a lawyer or 2 and both agree with the intended use designation and the warranty will cover track use, unless the ESP can prove racing, since Ford warranty also disallows racing.

Ford ESP needs to change it's contract after paying this claim.

 

[luc]

ESP is saying the car was abused. Ford says track use is in the design parameters of the car.

Kind of like putting 1000 pounds in the bed of an F150 and having warranty denied for carrying 1000 pounds in the bed.

I hope OP keeps this updated.

Bounced this off a lawyer or 2 and both agree with the intended use designation and the warranty will cover track use, unless the ESP can prove racing, since Ford warranty also disallows racing.

Ford ESP needs to change it's contract after paying this claim.

Can you explain to me, from the car point of view, the difference between a 20 minutes open track session in the advanced group (open passing ) and a 20 minutes sprint race such as with scca or nasa ?

 

[K4fxd]

Can you explain to me, from the car point of view, the difference between a 20 minutes open track session in the advanced group (open passing ) and a 20 minutes sprint race such as with scca or nasa ?

One has a winner.
It doesn't matter what I call racing, it is what the contract calls racing. Since racing is not defined and Ford says the car is designed for track use, track use is not outside the normal use of the car.

Here is where the name of the company matters.

Since racing is not defined in the ESP and Ford says racing is not covered we have to defer to Ford's definition. Since Ford covers breakage under warranty when used in HPDE events, HPDE is not racing in a legal sense.

Then again this is up to the judge.

 

[K4fxd]

It shouldn't matter the name of the ESP company since they all cover normal use of the vehicle. In this case they should exclude the GT350. Since they took his money and he is not outside of "normal" use it should be covered.

If one were to take a GT and use it at an HPDE event that would be outside the design range and I would not expect it to be covered.

 

[Mike Pfeifer]

…Then again this is up to the judge.

This where this is all going to boil down to. To the average non-enthusiast, it’s the same thing. I totally believe that’s what is going to be said in the end.

 

[K4fxd]

This where this is all going to boil down to. To the average non-enthusiast, it’s the same thing. I totally believe that’s what is going to be said in the end.

Not if the OP has a good lawyer or is smart himself, and reading his responses he is no dummy. It is "intended use"

Does the manufacturer say the car is designed for track use?....yes

List all the stock track oriented pieces and the advertisement's along with a copy of the owners manual that sets out the guidelines for track use.

Does the manufacturer's warranty cover track use? .....yes. OP can provide a receipt for when Ford replaced his engine under warranty.

Therefore track use is not abuse or negligent.

 

[luc]

Not if the OP has a good lawyer or is smart himself, and reading his responses he is no dummy. It is "intended use"

Does the manufacturer say the car is designed for track use?....yes

List all the stock track oriented pieces and the advertisement's along with a copy of the owners manual that sets out the guidelines for track use.

Does the manufacturer's warranty cover track use? .....yes. OP can provide a receipt for when Ford replaced his engine under warranty.

Therefore track use is not abuse or negligent.

No Lawyers allowed in small claims court

 

[Tomster]

ESP is saying the car was abused. Ford says track use is in the design parameters of the car.

Kind of like putting 1000 pounds in the bed of an F150 and having warranty denied for carrying 1000 pounds in the bed.

I hope OP keeps this updated.

Bounced this off a lawyer or 2 and both agree with the intended use designation and the warranty will cover track use, unless the ESP can prove racing, since Ford warranty also disallows racing.

Ford ESP needs to change it's contract after paying this claim.

Not only am I surrounded by lawyers, but I married one as well. They agree. But as the saying goes, on any given Sunday...... again, I predict Ford will approach Mike the "hammer" with a settlement prior to any decision, but will probably have a NDA attached to it.

 

[WItoTX]

That's what I'm thinking too. Settlement from Ford and NDA.

I was going through the 350 supplement this weekend for an unrelated reason. It's amazing how many references to racing and track events there is in the supplement. Fords better argument would be to analyze his trans fluid to make sure it's to spec. But even that is a shit argument as I bet OP, if not using stock fluids, is using something of higher quality.

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