KNOW YOUR RIGHTS!

THE MAGNUSON-MOSS WARRANTY ACT EXPLAINED:

Some dealers and service centers often falsely claim that using anything other than the vehicle manufacturer’s brand of part, chemical or lubricant during the warranty period will void the warranty.

THE MAGNUSON-MOSS WARRANTY ACT

(THE “ACT”) prohibits such “tie-in sales provisions” in warranties. A tie-in sales provision requires 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. Section 102(c) of the Act prohibits warrantors from conditioning warranty coverage on the consumer’s using, in connection with the warranted product, an article or service identified by brand, trade, or corporate name, unless the warrantor provides that article or service without charge. If the warrantor charges for the product or service, the only exception to the tie-in sales prohibition is when the warrantor can demonstrate to the satisfaction of the Federal Trade Commission (“FTC”) that the warranted product will not work properly without a specified item or service. In other words, your vehicle’s warrantor may not claim that a warranty is void simply because you have used an unauthorized or aftermarket chemical such as Penray. The warrantor would only be able to require a specific brand of chemical if it had successfully demonstrated to the FTC that its brand of chemical was distinguishable from the unauthorized or aftermarket chemical and that such third party product was harmful to the vehicle. If you feel as though you have been mislead by a dealer or service center regarding your vehicle’s warranty and the use of an aftermarket product you may submit a complaint to the FTC.