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Really Old Corner Carver ![]() ![]() ![]() Group: Advanced Member Posts: 1,209 Joined: 24-December 03 From: Atlanta Ga Member No.: 21 ![]() |
I couldn't help but laugh when I read this... I hate it for the owners but I'm sure they can beat it...
http://forums.evolutionm.net/showthread.ph...25&page=1&pp=15 |
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#2
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Really Old Corner Carver ![]() ![]() ![]() Group: Advanced Member Posts: 1,209 Joined: 24-December 03 From: Atlanta Ga Member No.: 21 ![]() |
So in other words, don't buy any high performance vehicle and use it as such, is that what I hear??
I don't pay the big bucks to buy a performance vehicle only to have the manufacture tell me they're not going to warranty my car if I autocross. Why even buy one then???? Why not just get a used one??? Read an attorney's opinion... "Here is my perspective as an attorney and Evo owner (those who have been trashing attorneys thus far should feel to skip to the next post): This is a warranty issue which means it's a contract dispute, an area attorneys know something about. As the antimated debate on this post demonstrates, there is a wide range of opinon on what constitutes "racing". Although the Mitsu warranty book (which I have read several times) says the warranty does not cover damage from racing, it never defines what the highly debatable term "racing"encompasses. The rule for construing contracts is that the drafter bears the burden of showing what its terms mean and, ambiguities are construed against it: if the terms are unclear, that's the drafter's problem, not the buyer's. Here Mitsu's attorneys had total control of the warranty language, our input as buyers was zero: take it or leave it bub. There is nothing in the warranty book about timed events voiding the warranty. Trying to add language to that effect, after the contract is signed and the car delivered is like the dealer sending you a letter two weeks after you bought the car saying he's just raised the purchase price $10K. Too bad Mitsu, you made the deal, you live with it. My insurance coverage with State Farm defines racing. It says racing does NOT include auto-x or track days. Thus damage from that type of activity is protected by the insurance ( and I have the $3K check to prove it). I would argue that the insurance industry definition of racing is relevant in interpreting the term as used here. There are no courtroom remedies here, our warranty specifies arbitration as the dispute resolution process. Even if you do race your car, only that damage caused by racing is excluded, per the warranty. So, if the paint fades, that is still covered, even for the hardcore SCCA T-1 racers, duking it out with Vipers evey weekend. See you at the track." |
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Lo-Fi Version | Time is now: 8th July 2025 - 05:15 PM |